[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3255 Introduced in House (IH)]

  1st Session
                                H. R. 3255

               To respond to the threat of bioterrorism.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2001

 Mr. Menendez (for himself, Mr. Gephardt, Mr. Dingell, Mr. Bishop, Mr. 
Borski, Ms. Harman, Mr. Pascrell, Mr. Scott, Mr. Skelton, Mr. Costello, 
Mr. Honda, Ms. Jackson-Lee of Texas, Ms. Roybal-Allard, Mrs. Tauscher, 
    Mr. Turner, Ms. Pelosi, Mr. Frost, Mrs. Lowey, Ms. DeLauro, Mr. 
Acevedo-Vila, Mr. Allen, Mr. Baca, Mr. Baird, Mr. Bentsen, Ms. Berkley, 
 Mr. Blumenauer, Mrs. Capps, Mr. Cardin, Mr. Carson of Oklahoma, Mrs. 
Christensen, Mr. Conyers, Mr. Crowley, Mr. Davis of Illinois, Mr. Davis 
  of Florida, Mr. DeFazio, Mr. Delahunt, Mr. Deutsch, Mr. Doyle, Mr. 
 Edwards, Mr. Engel, Ms. Eshoo, Mr. Etheridge, Mr. Farr of California, 
Mr. Filner, Mr. Gonzalez, Mr. Gordon, Mr. Green of Texas, Mr. Hinojosa, 
  Mr. Hoeffel, Mr. Holt, Mr. Holden, Mr. Israel, Mr. John, Ms. Eddie 
    Bernice Johnson of Texas, Ms. Kaptur, Mr. Kildee, Mr. Kind, Mr. 
     Langevin, Mr. Lantos, Mr. Larsen of Washington, Mr. Larson of 
Connecticut, Ms. Lee, Mr. Luther, Mrs. Maloney of New York, Mr. Maloney 
 of Connecticut, Mr. George Miller of California, Mrs. McCarthy of New 
   York, Ms. McCarthy of Missouri, Ms. McCollum, Ms. Slaughter, Mr. 
 McIntyre, Mr. Meeks of New York, Mr. Moore, Mr. Oberstar, Mr. Olver, 
 Mr. Ortiz, Mr. Owens, Mr. Pallone, Mr. Phelps, Mr. Pomeroy, Mr. Price 
of North Carolina, Mr. Reyes, Ms. Rivers, Mr. Rodriguez, Mr. Ross, Mr. 
   Rothman, Mr. Sandlin, Mr. Sawyer, Ms. Schakowsky, Mr. Schiff, Mr. 
    Sherman, Mr. Snyder, Ms. Solis, Mr. Strickland, Mr. Stupak, Mr. 
Thompson of California, Mrs. Thurman, Mr. Tierney, Mr. Towns, Mr. Udall 
 of Colorado, Mr. Udall of New Mexico, Ms. Velazquez, Ms. Woolsey, and 
  Mr. Wynn) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
   the Judiciary, Transportation and Infrastructure, Armed Services, 
  Science, Intelligence (Permanent Select), International Relations, 
   Agriculture, and Ways and Means, 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 respond to the threat of bioterrorism.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bioterrorism 
Protection Act (BioPAct) of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
   TITLE I--PUBLIC HEALTH INFRASTRUCTURE AND RESPONSE TO BIOTERRORISM

    Subtitle A--Improving Community Emergency Response Capacity and 
                              Preparedness

Sec. 101. Staffing shortages.
Sec. 102. Hospital capacity and resources.
Sec. 103. Provider training.
Subtitle B--Ensuring an Adequate Supply of Vaccines and Treatments for 
                             All Americans

Sec. 111. Supplies of vaccines and antibiotics.
    Subtitle C--Enhancing Community Planning and Intergovernmental 
                              Coordination

Sec. 121. Local planning grants for health care providers.
Sec. 122. Planning, training and equipment for local government and 
                            first responders.
Sec. 123. State medical disaster response plans regarding terrorist 
                            attacks.
Sec. 124. State trauma care systems.
Sec. 125. Intergovernmental coordination.
Sec. 126. Communication between FAA and FEMA.
Sec. 127. Public health representation on NSC.
Sec. 128. Use of counterterrorism technology of the laboratories of the 
                            National Nuclear Security Administration.
   Subtitle D--Enhancing Surveillance, Improving Communications, and 
                             Strengthening

Sec. 131. Surveillance and technology infrastructure.
Sec. 132. Communications and technology resources and coordination.
Sec. 133. Information for first responders.
 TITLE II--PROTECTING AGRICULTURAL PRODUCTION ACTIVITIES 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 
                            increase security of department information 
                            systems.
Sec. 202. Coordination between department of agriculture and food and 
                            drug administration.
Sec. 203. Support for State efforts to track foodborne pathogens.
Sec. 204. Expansion of Food and Drug Administration activities.
Sec. 205. Expansion in number of FDA inspectors for domestic food 
                            shipments and domestic production 
                            facilities.
Sec. 206. Additional authorities of Food and Drug Administration 
                            regarding imported food safety.
Sec. 207. Maintenance and inspection of records for foods.
Sec. 208. Registration of food manufacturing, processing, and handling 
                            facilities.
Sec. 209. Relationship to treaty obligations.
                     Subtitle B--Safe Water Supply

Sec. 211. Vulnerability assessments and emergency response plans.
Sec. 212. Research and development.
Sec. 213. Basic security enhancements.
Sec. 214. Electronic security.
Sec. 215. Definition.
  TITLE III--ENHANCING LAW ENFORCEMENT'S ABILITY TO PROTECT THE NATION

   Subtitle A--Providing the Right Tools to Law Enforcement Agencies

Sec. 301. Expansion of biological weapons statute.
Sec. 302. Identifying location of transport vehicles.
Sec. 303. Training for first responders.
Sec. 304. Authority to make grants to facilitate interfacing between 
                            national law enforcement databases and 
                            private databases.
Sec. 305. Elimination of convicted offender DNA backlog.
               Subtitle B--Securing United States Borders

Sec. 311. Neutron scanner technology.
Sec. 312. Technology to detect biological or chemical agents.
Sec. 313. Identification of individuals crossing U.S. borders.
Sec. 314. Increased numbers of border patrol and immigration officers.
Sec. 315. Increased security in issuing and monitoring visas.
Sec. 316. Information sharing between the immigration and 
                            naturalization service and consular 
                            officers abroad.
Sec. 317. Preventing persons appearing on law enforcement ``watch 
                            lists'' from entering United States.
Sec. 318. Tracking visa overstays and investigating offenders.
Sec. 319. Improving Coast Guard boarding capability.
    TITLE IV--STRENGTHENING OUR INTELLIGENCE COMMUNITY THROUGH FULL 
                              COORDINATION

Subtitle A--Improving Organization and Coordination of the Intelligence 
                               Community

Sec. 401. New threat assessment and risk prioritization.
Sec. 402. Intelligence sharing needs.
Sec. 403. Reduction of barriers to information sharing among agencies.
Sec. 404. Improved public education.
            Subtitle B--Improving Intelligence Capabilities

Sec. 411. Detection.
Sec. 412. Cataloguing of biomaterials.
Sec. 413. Additional translation personnel and improved translation 
                            technology.
Sec. 414. Human intelligence collection.
TITLE V--MILITARY RESPONSE TO ATTACKS INVOLVING CHEMICAL AND BIOLOGICAL 
              WEAPONS AND NONPROLIFERATION OF SUCH WEAPONS

    Subtitle A--Initial Crisis Response and First Responder Support

Sec. 501. Increasing military capability to respond to domestic crises.
Sec. 502. Improvements regarding consequence management capabilities.
Sec. 503. Interoperability of communications.
Sec. 504. Training exercises for local first responders.
Sec. 505. Authorization of appropriations.
  Subtitle B--Interagency Crisis Response and Consequence Management-

Sec. 511. Improvement of interagency coordination.
Sec. 512. Authorization of appropriations.
                  Subtitle C--Research and Development

Sec. 521. Accelerating technology research and development.
Sec. 522. Authorization of appropriations.
 Subtitle D--Nonproliferation of Chemical and Biological Materials and 
                                Weapons

Sec. 531. Verification of nonproliferation by the Secretary of Energy.
Sec. 532. Preventing and defending against the proliferation of 
                            biological and chemical weapons by 
                            terrorists.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--
            (1) In general.--In the wake of the horrific terrorist 
        attacks on America of September 11, 2001, and the subsequent 
        bioterrorist attacks in various localities, the Congress 
        through the enactment of this Act immediately seeks to protect 
        America from further acts of bioterrorism and to help America's 
        cities, towns, and rural communities to adequately prevent, 
        prepare for, and effectively respond to bioterrorism.
            (2) Comprehensive approach to bioterrorism.--The Congress 
        finds as follows:
                    (A) To better enable America's cities, towns, and 
                rural communities to respond comprehensively to the 
                threat of bioterrorism, the United States must enhance 
                its emergency preparedness and response capabilities.
                    (B) Food and water are among our Nation's most 
                precious resources. The events of September 11th 
                underscore the danger and terrible potential of a 
                chemical, biological or radiological attack to disrupt 
                or contaminate these basic human necessities. To better 
                safeguard the most abundant food supply in the world 
                and protect our vast water resources, these resources 
                must be protected from the threat of bioterrorism.
                    (C) While preserving the fullness of our 
                constitutional rights and liberties, in the wake of 
                September 11th, the United States must enhance its law 
                enforcement capabilities.
                    (D) Strengthening and better coordinating 
                intelligence capabilities are critical for preventing 
                and preparing for bioterrorism.
                    (E) Given the prominent role that the United States 
                Armed Forces will play in any biological, chemical, 
                radiological, or nuclear attack on American soil, the 
                United States must enhance its military capabilities.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) With respect to emergency preparedness and response--
                    (A) to provide America's cities, towns, and rural 
                communities with sufficient resources and expertise to 
                develop comprehensive community response plans for 
                bioterrorist threats; and
                    (B) to improve, through grants for training, 
                technology, and equipment, the ability of localities 
                throughout America to effectively respond in the event 
                of a bioterrorist attack.
            (2) With respect to strengthening the United States public 
        health system--
                    (A) to ensure that America's hospitals and 
                community health care centers have the necessary bed 
                space and personnel to respond to biological attacks;
                    (B) to ensure adequate training for doctors, 
                nurses, and emergency responders to enable them to 
                effectively identify and treat biological agents; and
                    (C) to ensure an adequate supply of vaccines and 
                treatments for all Americans and invest in the 
                expedited research needed to develop new and improved 
                vaccines and antibiotics.
            (3) With respect to the defense of physical 
        infrastructure--
                    (A) to eliminate threats from agricultural 
                pathogens and insect pests;
                    (B) to protect and secure the Department of 
                Agriculture's information systems;
                    (C) to improve coordination between the Department 
                of Agriculture and the Food and Drug Administration 
                (``FDA'') to respond to food and water contamination;
                    (D) to assist State efforts to track food borne 
                pathogens;
                    (E) to provide more FDA inspectors for domestic 
                food shipments and domestic production facilities;
                    (F) to comprehensively assess the vulnerability of 
                water infrastructure facilities to chemical, biological 
                and radiological attacks;
                    (G) to review and develop water infrastructure 
                emergency response plans to take into account such 
                attacks;
                    (H) to research and develop vital technologies to 
                detect contamination of public water systems; and
                    (I) to enhance basic security at water 
                infrastructure facilities and for enhancements of water 
                systems' cyber-security.
            (4) With respect to law enforcement--
                    (A) to enhance the tools of law enforcement to 
                fight terrorism through the imposition of greater 
                restrictions on the handling and use of biological and 
                chemical agents, and the use of state-of-the-art 
                science and technology;
                    (B) to improve the readiness of Federal, State, and 
                local law enforcement personnel to prevent and address 
                biological terrorism threats through increased 
                manpower, equipment and training;
                    (C) to ensure the security of our borders against 
                biological and other terrorism threats through 
increased manpower, equipment, and use of state-of-the-art technology;
                    (D) to enhance the security of the United States 
                Postal Service through the use of state-of-the-art 
                technology; and
                    (E) to enhance the security against a major threat 
                to our Internet communications and automated data 
                systems through the use of state-of-the-art technology 
                and increased redundancy in vital data systems.
            (5) With respect to intelligence--
                    (A) to conduct a threat assessment, identifying and 
                prioritizing the means, vulnerabilities, and impacts of 
                attacks to guide the national strategy in preventing 
                and preparing for terrorist attack;
                    (B) to seamlessly share information between the 
                intelligence community, the Federal Government, State 
                and local governments, and law enforcement agencies in 
                order to prevent terrorist attacks;
                    (C) to educate Americans to the nature and 
                appropriate responses to biological weapon attacks and 
                provide for an effective educational dialogue between 
                government and the public; and
                    (D) to improve its intelligence collection and 
                analysis capabilities through the increased use of 
                human intelligence, technical detection, and regional 
                and linguistic expertise.
            (6) With respect to military preparedness, domestic 
        assistance and response--
                    (A) to provide the funds and training necessary to 
                allow our military personnel to be able to respond 
                promptly, appropriately, and with clearly defined 
                objectives;
                    (B) to determine the resources needed to allow our 
                uniformed servicemen and women to both fight and win 
                our Nation's war on terrorism abroad, as well as 
                participate with other governmental agencies and first 
                responders in homeland crisis and consequence 
                management exercises;
                    (C) to properly equip, train, and define the role 
                of our Nation's military in homeland defense, we 
                believe that Americans can feel confident that our 
                armed forces are prepared to respond to any foreign or 
                domestic terrorist attack;
                    (D) to redouble the Federal Government's efforts to 
                ensure the security of lightly guarded biological, 
                chemical, radiological, and nuclear materials within 
                the former Soviet Union; and
                    (E) to fully fund non-proliferation and 
                verification programs administered by the Departments 
                of Defense, Energy, and State would be an effective 
                tool in preventing the widespread dissemination of 
                materials sought by terrorist groups and rogue 
                countries.

   TITLE I--PUBLIC HEALTH INFRASTRUCTURE AND RESPONSE TO BIOTERRORISM

    Subtitle A--Improving Community Emergency Response Capacity and 
                              Preparedness

SEC. 101. STAFFING SHORTAGES.

    (a) Initiatives To Combat Nursing Shortages.--Title VIII of the 
Public Health Service Act (42 U.S.C. 296 et seq.) is amended by adding 
at the end the following:

       ``PART H--INITIATIVES TO STRENGTHEN THE NURSING WORKFORCE

``SEC. 851. CAREER LADDER GRANT PROGRAM.

    ``(a) Program Authorized.--The Secretary shall award grants to 
eligible entities to assist individuals in obtaining education required 
to enter the nursing profession and advance within such profession.
    ``(b) Use of Funds.--An eligible entity that receives a grant under 
subsection (a) shall use funds under such grant to establish student 
scholarships or stipends for nurse professionals, licensed practical 
nurses, certified nurse assistants, and home health aids who enroll in 
entry level nursing programs, advanced practice nursing degree 
programs, RN/Master's nursing degree programs, doctoral nursing 
programs, public health nursing programs, nurse educator programs, 
nurse administrator programs, long term care nursing programs, and 
training programs focused on specific technology use or disease 
management.

``SEC. 852. GRANTS FOR PARTNERSHIPS.

    ``(a) In General.--The Secretary shall award grants to designated 
eligible entities to enable such entities to form partnerships to carry 
out the activities described in subsection (d).
    ``(b) Designated Eligible Entity.--
            ``(1) In general.--For purposes of this section, the term 
        `designated eligible entity' means a school of nursing 
        (including a minority serving institution) and a health care 
        facility, both of which are eligible entities, that form a 
        partnership to carry out the activities described in subsection 
        (d).
            ``(2) Health care facility.--For purposes of this section, 
        the term `health care facility' means a hospital, nursing home, 
        home health care agency, hospice, federally qualified health 
        center, rural health clinic, or public health clinic.
    ``(d) Use of Funds.--A designated eligible entity that receives a 
grant under subsection (a) shall use funds received through such grant 
to--
            ``(1) provide employees of the facility advanced training 
        and education at the school or facility using up-to-date 
        equipment and technology;
            ``(2) establish or expand nursing practice arrangements in 
        noninstitutional settings to demonstrate methods to improve 
        access to health care in medically underserved communities;
            ``(3) purchase distance learning technology to extend 
        general education and training programs to rural areas, and to 
        extend specialty education and training programs to all areas; 
        and
            ``(4) establish or expand mentoring and internship programs 
        for training in specialty care areas.

``SEC. 853. GRANTS FOR HEALTH CAREER ACADEMIES.

    ``(a) In General.--The Secretary shall award grants to designated 
eligible entities for the purpose of assisting such entities in 
collaborating to carry out programs that form education pipelines to 
facilitate the entry of students of secondary educational institutions 
into careers in the field of nursing.
    ``(b) Designated Eligible Entities.--For purposes of subsection 
(a), the term `designated eligible entities' means eligible entities 
that are schools of nursing, health care providers, or secondary 
educational institutions, 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 described 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 attendance at 
        doctoral programs in the field of nursing; or
            ``(2) to pay, for each year of service as such a faculty 
        member, not more than $20,000 of the principal and interest of 
        the educational loans of such individuals.
    ``(b) Eligible Individuals.--The individuals referred 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 degree 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 Positions.--
            ``(1) In general.--The Secretary may enter into a contract 
        under subsection (a) only if the individual involved has 
        entered into a contract with a school of nursing to serve as a 
        member of the faculty 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 
                        individual 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 
                        determination 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 contributions.--The 
                Secretary may waive the requirement 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 expenses, other reasonable educational 
expenses, and reasonable living expenses incurred in attending the 
doctoral program involved.
    ``(e) Applicability of Certain Provisions.--With respect to the 
National Health Service Corps Scholarship and Loan Repayment Programs 
established in subpart III of part D of title III, the provisions of 
such subpart 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 Scholarship 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 SCHOLARSHIP PROGRAM.

    ``(a) Program Authorized.--The Secretary shall establish a National 
Nurse Service Corps Scholarship program (referred to in this section as 
the `program') that provides scholarships to individuals seeking 
nursing education 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 applicants 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 Secretary, 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 academic 
                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 
                (including a home setting), or a public or nonprofit 
                private health facility determined by the Secretary 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 liabilities 
                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 understand 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 program. 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 distribute to 
        nursing schools materials providing information 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 reasonable 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 receiving a scholarship, such 
        individual is liable to the Federal Government for the amount 
        of such scholarship, 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 program 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 period of time 
                applicable under the program.
            ``(2) Waiver or suspension of liability.--The Secretary 
        shall provide for the waiver or suspension 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 Government 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 purposes 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 Laboratory 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 ``practitioners,''; 
                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 ``practitioners,''; 
                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 disciplines; 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 
individuals trained as medical laboratory personnel.''.
                    (B) Authorization of appropriations.--Section 757 
                of the Public Health Service Act (42 U.S.C. 294g(a)) is 
                amended by adding at the end the following subsection:
    ``(d) Allied Health and Other Disciplines.--For the purpose of 
carrying out section 755, there is authorized 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 subsection 
                (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 appropriations under 
subsections (a) through (c) that are available 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 resistance.--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 
                        support programs that train medical laboratory 
                        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 defined 
                        in section 799B)''; and
                    (B) in subsection (e)(2), by inserting before the 
                period the following: ``, and support programs that 
                train medical laboratory personnel (as defined in 
                section 799B) in disciplines that recognize or identify 
                a potential biological 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 laboratories), 
        examine materials derived from the human body for the purpose 
        of providing information 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 graduate 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 authorizations 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 available until expended.
            (2) For awards to increase the number of faculty in such 
        schools (with special emphasis on faculty from CDC-designated 
        areas of health disparity), $12,000,000 for fiscal year 2002, 
        to remain available until expended.
            (3) For scholarships to students in such schools (with 
        special emphasis on students from CDC-designated 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 ``Secretary'') shall carry out a program 
to make awards of grants or contracts to hospitals and other emergency 
providers to enhance their ability and increase their capacity to treat 
victims of bioterrorism, including their ability to detect and contain 
contagious diseases, expand bed capacity 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; Assuring Adequate 
Personnel.--
            (1) In general.--The Secretary, in consultation with State 
        and local departments of public health, shall carry out a 
        program--
                    (A) to train health professionals to recognize and 
                treat victims of bioterrorism; and
                    (B) to assure adequate personnel to effectively 
                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 fiscal year 2002. Amounts 
        appropriated under the preceding sentence shall remain 
        available until expended.
    (b) Mandated Training in Response to Chemical 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 personnel, 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 unless the health professional has received the training 
        described in paragraph (1).

Subtitle B--Ensuring an Adequate Supply of Vaccines and Treatments 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 community 
                providers to train and equip personnel to provide 
                antibiotics and vaccines to attack victims; and
                    (B) to improve communication networks so health 
                professionals can limit the spread of disease.
            (2) Authorization of appropriations.--For the purpose of 
        carrying out paragraph (1), there is authorized to be 
        appropriated $200,000,000 for fiscal year 2002. Amounts 
        appropriated under the preceding sentence shall remain 
        available until expended.
    (b) Development and Production of New and Improved Vaccines; 
Antibiotics, Vaccines, Therapies, 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, therapeutics, and 
                antibiotics to respond to chemical and biological 
                agents that may be used in terrorist 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 system 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 expended.
    (c) Food and Drug Administration.--
            (1) Fast track approval; expedited emergency approvals.--In 
        carrying out the Federal Food, Drug, and Cosmetic Act, the 
        Secretary may--
                    (A) provide for fast track approval of bioterrorism 
                vaccines and antibiotics; and
                    (B) in emergency situations, approve bioterrorism 
                products based on the results of animal 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 preceding sentence shall remain 
        available until expended.
    (d) Dialogue With Allied Countries.--The Secretary, 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 vaccines and antibiotics or other resources are needed.
    (e) Sense of Congress Regarding First Responders and Smallpox.--It 
is the sense of the Congress that the Secretary should evaluate the 
need to immunize first responders against smallpox.

    Subtitle C--Enhancing Community Planning and Intergovernmental 
                              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 emergency 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 community-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 RESPONDERS.

    (a) Expansion of Metropolitan Medical Response System.--
            (1) In general.--The Secretary shall carry out a program to 
        expand the number of political subdivisions participating in 
        the Metropolitan Medical Response System that is coordinated by 
        the Office 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 preceding sentence shall remain 
        available until expended.
    (b) Federal Emergency Management Agency.--
            (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 
                                attack or other catastrophe;
                                    (II) coordinate the activities and 
                                procedures of various emergency 
                                response units;
                                    (III) define the relationship, 
                                roles, responsibilities, jurisdictions, 
                                command structures, and communication 
                                protocols of emergency response units;
                                    (IV) coordinate response procedures 
                                with similar emergency response units 
                                in neighboring units of local 
                                government as well as with State and 
                                Federal agencies;
                                    (V) identify potential local 
                                targets of terrorism and include 
                                specific response procedures for each 
                                potential target;
                                    (VI) assess and address threats and 
                                outline coordinated response 
                                procedures; and
                                    (VII) identify areas where 
                                additional 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 
                                emergency;
                                    (IV) the location of safe public 
                                assembly areas or other emergency 
                                shelters; and
                                    (V) other appropriate information, 
                                including how to access medical care in 
                                response to a biological attack despite 
                                one's insurance status or coverage.
                    (C) Authorization of appropriations.--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 
                preceding sentence shall remain available until 
                expended.
            (2) State emergency management coordinators.--The Director 
        of the Federal Emergency Management Agency shall designate for 
        each State a representative of the Federal Emergency Management 
        Agency to--
                    (A) advise and assist units of local government of 
                the State with the development of strategic response 
                plans;
                    (B) act as a liaison between units of local 
                government of the State and the Federal Government; and
                    (C) coordinate the sharing of information about 
                Federal Government initiatives and protocol.

SEC. 123. STATE MEDICAL DISASTER RESPONSE PLANS REGARDING 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 Assistant to the President 
        for Homeland Security, the Director of the Federal Emergency 
        Management Agency, and the Attorney General.
    (b) Federal Criteria.--The Secretary shall establish 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 respect 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 Disease 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 personnel to 
        conduct emergency drills.
    (c) Federal Evaluation of Plans; Coordination 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 recommendations 
        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 Secretary, the Director of the Federal 
        Emergency Management 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 Secretary shall carry out activities 
to assist States and territories in coordinating their trauma care 
systems and eventually 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 officials to 
carry out a program to strengthen intergovernmental coordination 
through formal arrangements between jurisdictions, including mutual aid 
plans. The program shall include provisions for additional personnel in 
order to authorize the timely purchase of necessary supplies, arrange 
for authorization of travel, and other general 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 collaborate 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 General 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 NUCLEAR SECURITY ADMINISTRATION.

    Section 3264 of the National Nuclear Security Administration 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 subsection:
    ``(b) Counterterrorism Coordinator.--
            ``(1) In general.--There is within the Administration a 
        counterterrorism coordinator. The counterterrorism coordinator 
        shall, in accordance with this section--
                    ``(A) coordinate the counterterrorism technology 
                and expertise of the national security laboratories;
                    ``(B) make such technology and expertise available 
                to the Director of the Office of Homeland Security in a 
                timely and efficient manner; and
                    ``(C) act as a liaison between such laboratories 
                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 expended.''.

   Subtitle D--Enhancing Surveillance, Improving Communications, and 
                             Strengthening

SEC. 131. SURVEILLANCE AND TECHNOLOGY INFRASTRUCTURE.

    (a) Enhanced State and Local Surveillance.--
            (1) In general.--The Secretary shall carry out a program to 
        improve detection through enhanced State and local 
        surveillance, train health care personnel in the detection of 
        illnesses associated with a biological attack, and upgrade 
        laboratories for improved identification of biological attacks. 
        In carrying out the program, the Secretary shall ensure a 
        seamless public health system by providing for increased 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 fiscal year 2002. Amounts 
        appropriated under the preceding sentence shall remain 
        available until expended.
    (b) Enhanced CDC Surveillance.--For the purpose 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 Diseases.--For the purpose of 
completing the laboratory of the Centers for Disease Control and 
Prevention that is concerned with emerging infectious diseases, there 
is authorized 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 RESOURCES AND COORDINATION.

    (a) In General.--The Secretary shall carry out a program to invest 
in building technology and communication 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, infectious disease 
specialists, and other health professionals, including 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 Federal 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 AGRICULTURAL PRODUCTION ACTIVITIES 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 INCREASE 
              SECURITY OF DEPARTMENT INFORMATION SYSTEMS.

    (a) Threat-Reduction Activities.--There is authorized 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 respond 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 leverage Animal and Plant Health 
        Inspection Service funds and activities;
            (3) to increase vaccine research and the production 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 recordkeeping 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 Secretary 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 AGRICULTURE AND FOOD AND 
              DRUG ADMINISTRATION.

    (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 
contamination 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 Centers 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 ADMINISTRATION 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 international origin;
            (3) improve linkages between the Administration 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, prevent, and 
        mitigate outbreaks of disease related to terrorist activities; 
        and
            (5) otherwise expand the capacity of the Administration to 
        protect against the threat of bioterrorism.
    (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 increase 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 amended 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 authorizes such entry.''.
    (b) Authority To Limit Ports of Entry and Imports 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 inserting 
        ``(b)(1) Pending decision'', and by redesignating subsection 
        (c) as paragraph (2) of subsection (b); and
            (2) by inserting after subsection (b) the following 
        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 authorized 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 otherwise 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 processed in the 
foreign country.''.
    (c) Prior Notice of Imported Food Shipments.--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 Shipments.--
            ``(1) In general.--At least 4 hours before a food is 
        imported or offered for importation into the United States, the 
        producer, manufacturer, or shipper 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 documentation 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 impose 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 inserting after section 801 the following section:

               ``recall authority regarding imported food

    ``Sec. 801A. (a) In General.--If the Secretary determines that 
there is a reasonable basis for believing that food imported into the 
United States has been intentionally adulterated, the following 
applies:
            ``(1) The Secretary shall issue an order requiring the 
        appropriate persons (including importers, distributors, or 
        retailers) to immediately cease distribution 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) regarding 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 
        manner 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 subsection (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 Technology.--(1) The Secretary 
shall (directly or through grants or contracts) provide for research on 
the development of tests and sampling methodologies, for use in 
inspections 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 related 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 substances as the 
Secretary determines to be appropriate, including any pathogen or 
substance that the Secretary determines 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, examination, or investigation under this Act 
        conducted by such officer or employee, if the officer or 
        employee has credible epidemiologic evidence or information 
        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 reasonable 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 approve such order, after determining 
                that the distribution of the food would threaten human 
                or animal health.
            ``(3) Security of detained article.--A detention order 
        under this subsection with respect to an article of food may 
        require that the article be labeled 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 Secretary, or the 
        expiration of the detention period applicable to such order, 
        whichever occurs first.
            ``(4) Appeal of detention order.--Any person 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 subsection. Within 15 days after such an appeal is 
        filed, the Secretary, after affording opportunity for an 
        informal 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 offering a 
                food for import into the United States if--
                            ``(i) the person has been convicted of a 
                        felony for conduct relating to the importation 
                        into the United States of any food; or
                            ``(ii) the person has repeatedly or 
                        deliberately 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 inserting ``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 inserting ``in 
                applicable cases,'' before ``sufficient audits''; 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 subsection (b)(1)(C)''.
    (h) Failure To Provide Country-of-Origin Labeling for Certain 
Foods.--Section 403 of the Federal 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 labeling that identifies the country or countries in 
which the food was grown, prepared, packed, manufactured, or processed, 
except that this paragraph does not apply to food offered for retail 
sale by restaurants or other eating establishments.''.
    (i) Prohibited Acts.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by inserting after subsection 
(aa) the following:
    ``(bb) Knowingly making a false statement in documentation 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 alteration 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 Cosmetic 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 appropriated pursuant to the authorization of 
appropriations in subsection (l), the Secretary of Health and Human 
Services 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 amended 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, distributes, 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 
presentation 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 determine the cause and scope of the violation. 
This requirement applies to all records relating to such manufacture, 
processing, packing, distribution, receipt, holding, or importation 
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 Recordkeeping.--The Secretary may 
promulgate regulations regarding the maintenance of records by persons 
such as those that manufacture, process, pack, transport, distribute, 
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 adverse 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 employees. 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 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.), 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 regulation establishing 
record requirements under subsection (b)(1) shall be effective upon 
publication pending consideration of public comment and publication of 
a final regulation, and it shall be considered final agency action for 
purposes 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, distributes, receives, holds, or 
        imports foods, the inspection shall extend to all records and 
        other information 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 consumption in the United 
        States, including any facility of an importer, shall be 
        registered with the Secretary.
            ``(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 registration.
            ``(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 registration 
                submitted for a foreign facility, the registration 
                shall contain, at a minimum, such information as the 
                Secretary may require demonstrating that the facility, 
                and the foreign nation involved, will permit 
                inspections by duly commissioned officers or employees 
                of the Secretary.
            ``(4) Procedure.--Upon receipt and review of a completed 
        registration described in paragraph (1), the Secretary shall 
        issue to the registrant a certificate of registration.
    ``(b) List of Registered Facilities.--The Secretary shall compile 
and maintain an up-to-date list of facilities that are registered under 
this section. Such list shall not be subject to the disclosure 
requirements of section 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 Secretary 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' includes 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 Federal 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 registration 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 Administrator 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 
limited to storage, collection, treatment, and distribution systems. 
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 Administrator of the 
Environmental Protection Agency shall review 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 systems and other 
drinking water system infrastructure facilities. 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 subsection; such amount shall remain 
available until expended.

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 monitor and detect chemical, biological and radiological 
contamination 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 President for Homeland Security 
shall provide assistance to public water systems providing drinking 
water to make basic security enhancements of critical importance at 
public 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 infrastructure 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 subsection; such amount shall remain available until expended.

SEC. 215. DEFINITION.

    As used in this subtitle, the term ``water and wastewater 
infrastructure facility'' means either of the following:
            (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 ENFORCEMENT'S ABILITY TO PROTECT THE NATION

   Subtitle A--Providing the Right Tools to Law Enforcement Agencies

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.--Whoever 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 person who has not obtained a 
        registration under section 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 meaning 
                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 considered not to be a 
                restricted person.'';
                    (E) by inserting ``(A)'' after ``(2)''; and
                    (F) by adding at the end the following 
                subparagraph:
            ``(B) For purposes of subparagraph (A)(viii):
                    ``(i) An alien is considered not to be a restricted 
                person if the alien is within a category designated 
                under clause (ii) of this subparagraph.
                    ``(ii) The Secretary of Health and Human Services, 
                in consultation with the Attorney General, 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 section 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 international terrorism.''.
            (3) Conforming amendment.--Section 175(a) of title 18, 
        United States Code, is amended in the second sentence by 
        striking ``under this section'' and inserting ``under this 
        subsection''.
    (b) Amendments to Antiterrorism and Effective 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 regulation 
        provide for the establishment and enforcement of standards and 
        procedures governing the possession and use of biological 
        agents and toxins listed pursuant to subsection (d)(1) in order 
        to protect the public health and safety, including safeguards 
        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 paragraph (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 promulgation; 
                        effective date regarding criminal and civil 
                        penalties.--Not later than 30 days after the 
                        date of the enactment 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 promulgated, 
                        including for purposes of--
                                    (I) section 175(b)(2) of title 18, 
                                United States Code (relating to 
                                criminal 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 interim 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 subsection (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 section (including regulations promulgated before 
        the effective date of this subsection), and any site-specific 
        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 toxins, 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 information 
                described in paragraph (1) for purposes of protecting 
                the public health and safety; or
                    ``(B) from making disclosures of such information 
                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 Penalty 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 
                                appears; and
                            (ii) in subsection (i) (as redesignated by 
                        paragraph (1) of this subsection), in paragraph 
                        (1), by striking ``the term `biological 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 included 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 regulation'';
                    (B) in subsection (e), in the matter preceding 
                paragraph (1), by striking ``shall, through regulations 
                promulgated under subsection (f),'' and inserting 
                ``shall by regulation'';
                    (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 enactment;
            (2) describes the future plans of the Secretary for 
        determining compliance with regulations under such section 511 
        and for taking appropriate enforcement actions; and
            (3) provides any recommendations of the Secretary for 
        administrative or legislative initiatives regarding such 
        section 511.

SEC. 302. IDENTIFYING LOCATION OF TRANSPORT VEHICLES.

    (a) GPS and Wireless Identification Systems.--To assist in 
preventing or responding to bioterrorist attacks, the Attorney General 
shall carry out a program to use global positioning satellites and 
wireless identification 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.--
            (1) Grants for counterterrorism training.--Section 33(b)(3) 
        of the Federal Fire Prevention and Control Act of 1974 (15 
        U.S.C. 2229(b)(3)) is amended--
                    (A) in subparagraph (M) by striking ``or'' at the 
                end;
                    (B) in subparagraph (N) by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(O) to fund counterterrorism training and provide 
                related equipment.''.
            (2) Special rule.--Section 33(b)(6) of such Act (15 U.S.C. 
        2229(b)(6)) is amended by adding at the end the following new 
        subparagraph:
                    ``(C) Exemption.--This paragraph shall not apply to 
                grants that are made exclusively for the purposes 
                described in paragraph (3)(O).''.
            (3) Authorization of appropriations.--Section 33 of such 
        Act (15 U.S.C. 2229) is amended by adding at the end the 
        following new subsection:
    ``(f) Authorization for Counterterrorism Programs.--In addition to 
amounts authorized under subsection (e), there is authorized to be 
appropriated for fiscal year 2002 $250,000,000 for grants to be used 
exclusively for the purposes described in subsection (b)(3)(O). Amounts 
appropriated under the preceding sentence shall remain available until 
expended.''.
    (b) Law Enforcement Counterterrorism Grants.--
            (1) Grants for counterterrorism training.--Section 
        1701(b)(1) of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796dd(b)(1)) is amended--
                    (A) in subparagraph (B) by striking ``and'' at the 
                end;
                    (B) in subparagraph (C) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) provide counterterrorism training and related 
                equipment.''.
            (2) Special rule.--Section 1701(i) of such Act (42 U.S.C. 
        3796dd(i)) is amended by adding at the end ``This subsection 
        shall not apply to grants that are made exclusively for the 
        purposes described in subsection (b)(1)(D).''.
            (3) Authorization of appropriations.--Section 1001(a)(11) 
        of such Act (42 U.S.C. 3793(a)(11)) is amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph:
    ``(B) In addition to the amounts authorized under subparagraph (A), 
there is authorized to be appropriated for fiscal year 2002 
$250,000,000 for grants to be used exclusively for the purposes 
described in section 1701(b)(1)(D). Amounts appropriated under the 
preceding sentence shall remain available until expended, and 
subparagraph (C) shall not apply to such amounts.''.
    (c) Increase in Funding Under Firefighters Grant Program.--
            (1) In general.--With appropriations under paragraph (2), 
        the Attorney General shall increase the International 
        Association of Firefighters' specialized grant program so that 
        100,000 firefighters can receive terrorist-response training. 
        Training under such grants may be provided for both paid and 
        volunteer firefighters.
            (2) Authorization of appropriations.--For the purpose of 
        carrying out paragraph (1), 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. 304. AUTHORITY TO MAKE GRANTS TO FACILITATE INTERFACING BETWEEN 
              NATIONAL LAW ENFORCEMENT DATABASES AND PRIVATE DATABASES.

    (a) Authority To Make Grants.--From amounts made available to carry 
out this section, the Attorney General may make grants to appropriate 
entities for use by those entities for the purpose of making 
improvements to their databases to enable those databases to interface 
with national law enforcement databases.
    (b) Use of Grant Amounts.--Grant amounts under this section shall 
be used only for the purpose specified in subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for fiscal year 
2002. Amounts appropriated under the preceding sentence shall remain 
available until expended.

SEC. 305. ELIMINATION OF CONVICTED OFFENDER DNA BACKLOG.

    (a) Expedited Program To Enter Data.--From amounts made available 
to carry out this section, the Attorney General shall carry out a 
program to accelerate the incorporation of convicted offender DNA 
information into the combined DNA Identification System (CODIS) of the 
Federal Bureau of Investigation.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for fiscal year 
2002. Amounts appropriated under the preceding sentence shall remain 
available until expended.

               Subtitle B--Securing United States Borders

SEC. 311. NEUTRON SCANNER TECHNOLOGY.

    There is authorized to appropriated for fiscal year 2002 
$105,000,000 for the development and deployment of pulsed fast neutron 
analysis (PFNA) technology at the 20 largest ports in the United States 
for use by the Customs Service.

SEC. 312. TECHNOLOGY TO DETECT BIOLOGICAL OR CHEMICAL AGENTS.

    There is authorized to appropriated for fiscal year 2002 
$13,500,000 for the development of scanners, for use by the Customs 
Service, that are capable of sensing biological and chemical 
contaminants in microscopic airborne quantities.

SEC. 313. IDENTIFICATION OF INDIVIDUALS CROSSING U.S. BORDERS.

    (a) Identification.--
            (1) In general.--The Attorney General shall develop a 
        program to--
                    (A) encourage the use of biometrics to identify in 
                a racially and ethnically neutral manner individuals 
                crossing our Nation's borders;
                    (B) provide for the use of better production 
                techniques, including holograms, magnetic strips, and 
                embedded chips, for official Federal, State, and 
                territory-issued forms of identification;
                    (C) implement biometric scanning techniques and 
                ``laser visas'' to speed and automate security scanning 
                techniques at border checkpoints (including airports) 
                while increasing accuracy; and
                    (D) improve the quality and increase the numbers of 
                Immigration and Naturalization Service detention 
                centers.
            (2) Authorization of appropriations.--For the purpose of 
        carrying out paragraph (1), there is authorized to be 
        appropriated $30,000,000 for fiscal year 2002. Amounts 
        appropriated under the preceding sentence shall remain 
        available until expended.
    (b) Biometric Technology Support.--
            (1) In general.--The Attorney General shall carry out a 
        program to develop and deploy new screening hardware, software, 
        and computer infrastructure to support biometric technology 
        (including fingerprinting, facial recognition, and voice 
        recognition).
            (2) Authorization of appropriations.--For the purpose of 
        carrying out paragraph (1), there is authorized to be 
        appropriated $20,000,000 for fiscal year 2002. Amounts 
        appropriated under the preceding sentence shall remain 
        available until expended.

SEC. 314. INCREASED NUMBERS OF BORDER PATROL AND IMMIGRATION OFFICERS.

    (a) In General.--The Attorney General shall carry out a program to 
increase the number of--
            (1) United States Border Patrol personnel (from the number 
        authorized under current law) to 15,000 by fiscal year 2003; 
        and
            (2) immigration officers at ports of entry.
    (b) Authorization of Appropriations.--For the purpose of carrying 
out subsection (a), there is authorized to be appropriated $80,000,000 
for fiscal year 2002. Amounts appropriated under the preceding sentence 
shall remain available until expended.

SEC. 315. INCREASED SECURITY IN ISSUING AND MONITORING VISAS.

    (a) In General.--The Attorney General shall carry out a program for 
the purpose of increasing security in the issuing of visas and 
monitoring of visa holders, including--
            (1) integrating Federal watch lists with the visa granting 
        process of the Department of State, particularly for student 
        visas; and
            (2) requiring colleges and universities to confirm the 
        matriculation and attendance of foreign students.
    (b) Authorization of Appropriations.--For the purpose of carrying 
out subsection (a), there is authorized to be appropriated $36,000,000 
for fiscal year 2002. Amounts appropriated under the preceding sentence 
shall remain available until expended.

SEC. 316. INFORMATION SHARING BETWEEN THE IMMIGRATION AND 
              NATURALIZATION SERVICE AND CONSULAR OFFICERS ABROAD.

    (a) In General.--The Attorney General shall carry out a program to 
develop and deploy technology, including computer systems, to permit 
consular offices to assist in immigration enforcement.
    (b) Authorization of Appropriations.--For the purpose of carrying 
out subsection (a), there is authorized to be appropriated $20,000,000 
for fiscal year 2002. Amounts appropriated under the preceding sentence 
shall remain available until expended.

SEC. 317. PREVENTING PERSONS APPEARING ON LAW ENFORCEMENT ``WATCH 
              LISTS'' FROM ENTERING UNITED STATES.

    (a) In General.--The Attorney General shall carry out a program to 
deploy better techniques to identify those individuals appearing on 
``watch lists'' of law enforcement agencies and prevent them from 
entering the United States.
    (b) Authorization of Appropriations.--For the purpose of carrying 
out subsection (a), there is authorized to be appropriated $30,000,000 
for fiscal year 2002. Amounts appropriated under the preceding sentence 
shall remain available until expended.

SEC. 318. TRACKING VISA OVERSTAYS AND INVESTIGATING OFFENDERS.

    (a) In General.--The Attorney General shall mandate better tracking 
of visas by the Immigration and Naturalization Service, using 
technologies similar to the tracking that is done by the SEVIS system, 
including--
            (1) visas permitting study at vocational schools;
            (2) tourist visas; and
            (3) visas issued under section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act.
    (b) Authorization of Appropriations.--For the purpose of carrying 
out subsection (a), there is authorized to be appropriated $20,000,000 
for fiscal year 2002. Amounts appropriated under the preceding sentence 
shall remain available until expended.

SEC. 319. IMPROVING COAST GUARD BOARDING CAPABILITY.

    (a) Funding for Weapons Training and Acquisition.--To provide 
weapons training to members of the Coast Guard Reserve and to acquire 
small arms to equip Coast Guard boarding parties, there is authorized 
to be appropriated to the Secretary of Transportation $10,000,000.
    (b) Authority of National Guard and Reserve Personnel To Assist 
Coast Guard.--Consistent with chapter 18 of title 10, United States 
Code, and section 1385 of title 18, United States Code, the Secretary 
of Defense may assign a member of a reserve component of the Armed 
Forces to duty with the Coast Guard to assist Coast Guard personnel in 
carrying out their law enforcement functions.

    TITLE IV--STRENGTHENING OUR INTELLIGENCE COMMUNITY THROUGH FULL 
                              COORDINATION

Subtitle A--Improving Organization and Coordination of the Intelligence 
                               Community

SEC. 401. NEW THREAT ASSESSMENT AND RISK PRIORITIZATION.

    (a) Initial Assessment.--(1) The Assistant to the President for 
Homeland Security shall coordinate an assessment of terrorist threats 
within the United States and the territories, and shall include in that 
assessment a prioritization of the risks against the United States and 
a forecast of the costs and implications of possible responses to those 
threats. The initial assessment shall build on available research and 
expertise in public, private, and nonprofit sectors, to identify 
threats and prioritize risks to United States citizens and to the 
United States and the range of response activities.
    (2) The Assistant to the President for Homeland Security may 
contract with government and private agencies or persons to conduct the 
initial assessment under this subsection, without regard to section 
3709 of the Revised Statutes.
    (3) Not later than 45 days after the date of the enactment of this 
Act, the Assistant to the President for Homeland Security shall submit 
to Congress a report containing the results of the initial assessment 
under paragraph (1). The report shall be submitted in unclassified form 
with a classified annex if appropriate.
    (b) Final Assessment.--(1) The Assistant to the President for 
Homeland Security shall coordinate a complete assessment of terrorist 
threats referred to in subsection (a)(1). In conducting the complete 
assessment, the heads of each element of the intelligence community 
(and other departments and agencies of the United States relating to 
the national security as the Assistant to the President determines 
appropriate) shall be consulted.
    (2) Not later than May 1, 2003, the Assistant to the President for 
Homeland Security shall submit to Congress a report containing the 
results of the complete assessment under paragraph (1). The report 
shall be submitted in unclassified form with a classified annex if 
appropriate.

SEC. 402. INTELLIGENCE SHARING NEEDS.

    (a) In General.--In order to ensure access to information needed to 
prevent or investigate terrorist activity, the President shall, in 
conjunction with the Director of Central Intelligence, the Attorney 
General, and the Assistant to the President for Homeland Security, 
establish a database containing such information collected by the 
intelligence community, Federal and State law enforcement agencies, and 
other departments and agencies of the United States relating to the 
national security) to enable data mining and correlation.
    (b) Establishment of Information Infrastructure.--In conjunction 
with the establishment of the database under subsection (a), the 
President shall establish an information technology infrastructure and 
communications connectivity for such database and existing databases of 
information collected by the departments and agencies referred to in 
subsection (a) to improve interoperability of those databases with the 
database established under such subsection.
    (c) Protecting Confidentiality.--In establishing and maintaining 
the database, the President shall ensure that the information in the 
database is only provided to individuals who are approved for access to 
the information involved, and shall ensure that the database is 
operated in compliance with requirements under law regarding protection 
against unauthorized disclosure of information for reasons of national 
security.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $250,000,000 for fiscal year 2002 to carry out this 
section.

SEC. 403. REDUCTION OF BARRIERS TO INFORMATION SHARING AMONG AGENCIES.

    (a) Information Sharing Barriers.--The President shall ensure that 
sharing among Federal law enforcement agencies and the elements of the 
intelligence community of information collected and assembled by such 
agencies and elements on international terrorism and other national 
security matters is facilitated, observing necessary protection of 
civil liberties. The President, acting through the Assistant to the 
President for Homeland Security, shall coordinate improved transfer of 
information procedures between the intelligence community and Federal 
law enforcement agencies.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the President for fiscal year 2002 such sums as are 
necessary to carry out this section. Amounts appropriated under the 
preceding sentence shall remain available until expended.

SEC. 404. IMPROVED PUBLIC EDUCATION.

    (a) In General.--The Assistant to the President for Homeland 
Security shall coordinate and oversee the implementation of a public 
education campaign conducted by the Federal Emergency Management 
Agency, the Federal Bureau of Investigation, the Department of Health 
and Human Services, and other agencies involved, which shall include 
media, public statements, and a continuing dialogue with the public to 
alert citizens to the nature and appropriate response to a terrorist 
attack.
    (b) Coordination of Assistance.--The Assistant to the President for 
Homeland Security shall coordinate Federal assistance to States, 
territories, and political subdivisions to publicize public response 
plans to various terrorist situations and create crisis communication 
plans to assure nonduplication of activities or funding carried out by 
each department or agency involved.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2002 such sums as are necessary to carry 
out this section. Amounts appropriated under the preceding sentence 
shall remain available until expended.

            Subtitle B--Improving Intelligence Capabilities

SEC. 411. DETECTION.

    (a) In General.--The Assistant to the President for Homeland 
Security, shall coordinate the deployment of chemical and biological 
detection capabilities for mobile detection capabilities, portal 
screening detection at fixed sites, remote detectors for determining 
the possession of agents by foreign entities, and monitoring of ambient 
environment in selected locations in the United States and elsewhere.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $800,000,000 for fiscal year 2002 for the deployment of 
chemical and biological detection capabilities referred to in 
subsection (a). Amounts appropriated under the preceding sentence shall 
remain available until expended.

SEC. 412. CATALOGUING OF BIOMATERIALS.

    Reporting requirements of the Director of the Centers of Disease 
Control and Prevention for sale or transfer of etiological agents under 
section 511 of the Antiterrorism and Effective Death Penalty Act of 
1996 shall be expanded to include possession of biological agents and 
theft or other unaccounted changes in biological stocks.

SEC. 413. ADDITIONAL TRANSLATION PERSONNEL AND IMPROVED TRANSLATION 
              TECHNOLOGY.

    There is authorized to be appropriated to the Director of Central 
Intelligence $50,000,000 for fiscal year 2002, to remain available 
until expended, for--
            (1) recruitment in the intelligence community of additional 
        linguists of Middle Eastern, South Asian, and other needed 
        backgrounds, and
            (2) advanced translation technology for voice-to-text 
        conversion, text translation, and automated summarization of 
        data.

SEC. 414. HUMAN INTELLIGENCE COLLECTION.

    The Director of Central Intelligence shall, as part of the budget 
submission to Congress for intelligence and intelligence-related 
activities of the United States for fiscal year 2003, and each 
subsequent fiscal year, request such additional funding as is required 
to substantially increase the number of foreign intelligence human 
assets.

TITLE V--MILITARY RESPONSE TO ATTACKS INVOLVING CHEMICAL AND BIOLOGICAL 
              WEAPONS AND NONPROLIFERATION OF SUCH WEAPONS

     Subtitle A--Initial Crisis Response and First Responder Support

SEC. 501. INCREASING MILITARY CAPABILITY TO RESPOND TO DOMESTIC CRISES.

    The Secretary of Defense shall--
            (1) ensure that the Department of Defense has adequate 
        resources and is sufficiently prepared to assist in responding 
        to domestic crises involving chemical or biological weapons; 
        and
            (2) improve the emergency response and assessment 
        capability of the Department of Defense regarding such crises.

SEC. 502. IMPROVEMENTS REGARDING CONSEQUENCE MANAGEMENT CAPABILITIES.

    The Secretary of Defense shall--
            (1) provide for additional training exercises for Civil 
        Support Teams and local first responders to respond to the 
        domestic crises described in section 501;
            (2) improve procedures, coordination, chain of command 
        relationships, and definition of areas of responsibility with 
        respect to the response of such Civil Support Teams during such 
        crises; and
            (3) assess the overall consequence management capabilities 
        of the Department of Defense, consider whether additional Civil 
        Support Teams should be created, and provide to Congress not 
        later than March 1, 2002, a long-range plan for improving those 
        capabilities.

SEC. 503. INTEROPERABILITY OF COMMUNICATIONS.

    The Secretary of Defense shall carry out a program to ensure 
communications interoperability among military crisis response and 
consequence management teams and local first responders.

SEC. 504. TRAINING EXERCISES FOR LOCAL FIRST RESPONDERS.

    The Secretary of Defense shall establish a program under which--
            (1) local first responders may participate in domestic 
        crisis response training exercises at military installations; 
        and
            (2) the Secretary pays the cost of participation by such 
        local first responders in such exercises.

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out the provisions 
of this subtitle, in addition to any other funds authorized for such 
purposes, $420,000,000 for fiscal year 2002. Amounts appropriated under 
the preceding sentence shall remain available until expended.

   Subtitle B--Interagency Crisis Response and Consequence Management

SEC. 511. IMPROVEMENT OF INTERAGENCY COORDINATION.

    The Secretary of Defense shall work with the heads of other Federal 
agencies responsible for domestic consequence management activities--
            (1) to implement a Government-wide, uniform evaluation 
        system to ensure--
                    (A) the proficiency of the military in crisis and 
                consequence management; and
                    (B) coordination among such agencies with the 
                Department of Defense; and
            (2) to increase the frequency and number of multidepartment 
        and multiagency short-notice field exercises.

SEC. 512. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out the provisions 
of this subtitle, in addition to any other funds authorized for such 
purposes, $100,000,000 for fiscal year 2002. Amounts appropriated under 
the preceding sentence shall remain available until expended.

                  Subtitle C--Research and Development

SEC. 521. ACCELERATING TECHNOLOGY RESEARCH AND DEVELOPMENT.

    The Secretary of Defense shall carry out a program to accelerate 
research and development of technology in various fields, such as 
prophylactic vaccination and treatment, advanced sensors, and other 
promising technologies, to improve capabilities to respond to 
biological and chemical attacks.

SEC. 522. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out the provisions 
of this subtitle, in addition to any other funds authorized for such 
purposes, $100,000,000 for fiscal year 2002. Amounts appropriated under 
the preceding sentence shall remain available until expended.

 Subtitle D--Nonproliferation of Chemical and Biological Materials and 
                                Weapons

SEC. 531. VERIFICATION OF NONPROLIFERATION BY THE SECRETARY OF ENERGY.

    (a) In General.--The Secretary of Energy shall increase research 
and development efforts with respect to the verification of 
nonproliferation of chemical and biological materials in countries 
other than the United States, with a particular focus on preventing the 
sale, smuggling, or theft of such chemical or biological materials.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the provisions of subsection (a), in addition 
to any other funds authorized for such purposes, $80,000,000 for fiscal 
year 2002. Amounts appropriated under the preceding sentence shall 
remain available until expended.

SEC. 532. PREVENTING AND DEFENDING AGAINST THE PROLIFERATION OF 
              BIOLOGICAL AND CHEMICAL WEAPONS BY TERRORISTS.

    (a) U.S.-Russian Federation Biological-Chemical Terrorism Defense 
Working Group.--(1) Congress urges the President to immediately seek to 
enter into an agreement with the Russian Federation to establish a 
high-level United States-Russian Federation Biological-Chemical 
Terrorism Defense Working Group, to be chaired by the Vice President of 
the United States and the Prime Minister of the Russian Federation.
    (2) The Working Group should coordinate and facilitate all 
cooperative efforts between the United States and the Russian 
Federation relating to--
            (A) nonproliferation of biological and chemical weapons;
            (B) enhancement of material accounting, control, security, 
        including improving export control and border security 
        pertaining to biological and chemical weapons material, 
        equipment, and technology;
            (C) biological and chemical weapons detection, defense, and 
        countermeasures; and
            (D) transparency and confidence-building measures regarding 
        national biological and chemical weapons and defense programs.
    (b) Destruction of Russian Chemical Weapons.--
            (1) In general.--Notwithstanding section 1305 of the 
        National Defense Authorization Act for Fiscal Year 2000 (22 
        U.S.C. 5952 note) or any other provision of law, the President 
        is authorized to provide assistance to the Russian Federation 
        for the destruction of Russian chemical weapons from fiscal 
        year 2000 Cooperative Threat Reduction funds that are remaining 
        available for obligation or expenditure.
            (2) Definition.--In this subsection, the term ``fiscal year 
        2000 Cooperative Threat Reduction funds'' has the meaning given 
        the term in section 1301(b) of the National Defense 
        Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note).
    (c) Cooperation With Russia, Uzbekistan and Kazakhstan in 
Biological Weapons Defense.--(1) There is authorized to be appropriated 
to the Secretary of State $120,000,000 for fiscal year 2002 to be 
available until expended for existing programs and to support the 
establishment of additional programs to engage Russian, Uzbek, and 
Kazakh current and former biological weapons scientists and engineers 
in cooperative research and development programs with agencies and 
departments of the United States Government, national laboratories, 
United States commercial and nongovernmental entities designated by the 
President, and with major NATO and non-NATO allies, primarily to 
develop counter-measures to biological agents used as weapons or means 
of terror.
    (2) Such counter-measures may include the creation and production 
of vaccines and other biomedical measures against basic, genetically-
altered, and novel biological agents, general- and specific-purpose 
biological agent detectors, protective clothing, filters, and 
decontamination equipment and materials for civil and military 
personnel, and environmental neutralization of agents.
    (d) Cooperation and Support of Biological Weapons Convention.--(1) 
Congress commends and supports the commitment of the President to work 
constructively with other countries to prevent the use and transfer of 
biological weapons. Congress further declares that it should be the 
policy of the United States to create a comprehensive multilateral 
mechanism to verify that parties to the Biological Weapons Convention 
of 1974 are fully and completely in compliance with their obligations 
under that Convention.
    (2) The President shall cooperate with the organization to be 
established to implement the Protocol to the Biological Weapons 
Convention upon the request of that organization to assist in its 
implementation of the Protocol. Such cooperation shall include, but is 
not limited to, providing experts (at no cost), information (consistent 
with the national security interests of the United States), and 
voluntary financial assistance.
                                 <all>