[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1486 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1486

   To ensure that the United States is prepared for an attack using 
                    biological or chemical weapons.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2001

Mr. Edwards (for himself and Mr. Hagel) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To ensure that the United States is prepared for an attack using 
                    biological or chemical weapons.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biological and Chemical Weapons 
Preparedness Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Terrorists may threaten to use, or attempt to use, a 
        biological of chemical weapon against the United States.
            (2) With respect to bioterrorism, State and local first-
        responder, public health, and medical communities stand 
        directly on the front lines. How well the United States 
        responds to such a threat or attack will depend on the 
        preparedness of State and local communities.
            (3) State and local first-responder units (law enforcement, 
        fire, emergency transport, emergency management, and medical or 
        allied health professionals) lack the basic training and 
        equipment needed to effectively counter the bioterrorism 
        threats faced by the United States.
            (4) There continues to be insufficient capital funding by 
        private and public sources of hospitals, laboratories, clinics, 
        information networks, and other necessary elements to ensure 
        the provision of public health services in the event of a 
        bioterrorism attack.
            (5) The terrorism threat extends well beyond traditional 
        methods of attack. Common, everyday agricultural products such 
        as foods, fertilizers, pesticides and even certain animals can 
        be transformed into devastating weapons that threaten economic 
        well-being as well as public health. The ability of the United 
        States to diagnose, contain, and treat plant and animal 
        diseases is hampered by a lack of coordination, training, and 
        testing facilities.
            (6) The common good of resisting bioterrorism through 
        immediate first response and a solid medical and public health 
        infrastructure depends upon a sustained, consistent Federal, 
        State, and local focus and resource commitment.
    (b) Purpose.--The purpose of this Act is--
            (1) to encourage and promote State and local community 
        first-responder efforts to prepare for, and respond to, a 
        biological or chemical attack;
            (2) to strengthen State and local medical and public health 
        infrastructures through a skilled professional workforce, 
        robust medical and disease surveillance information and data 
        systems, and strong health departments, laboratories, and 
        hospital emergency medical facilities; and
            (3) to develop and expand agricultural and farm community 
        readiness for a biological or chemical attack involving plants, 
        animals, or other food commodities through coordination, 
        training, and expanded access to disease testing.

SEC. 3. STATE AND LOCAL PUBLIC HEALTH INFRASTRUCTURE

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following:

      ``TITLE XXVIII--PREPARING FOR AND RESPONDING TO BIOTERRORISM

 ``Subtitle A--National Biological or Chemical Terrorism Preparedness 
                                 Goals

``SEC. 2801. PURPOSE.

    ``The purpose of this subtitle is to establish National Biological 
or Chemical Terrorism Preparedness Goals.

``SEC. 2802. NATIONAL BIOLOGICAL OR CHEMICAL TERRORISM PREPAREDNESS 
              GOALS.

    ``The Congress declares that the National Biological or Chemical 
Terrorism Preparedness Goals (referred to in this title as the 
`Preparedness Goals') are the following:
            ``(1) First responders.--By the year 2010, each first-
        responder (including law enforcement, fire, rescue, emergency 
        medical services, emergency management, medical, and allied 
        health professionals) will have adequate capacity, including 
        coordination with other public and private stakeholders, 
        response training, resources, technology, and workforce, 
        necessary to effectively prepare for, and respond to, a 
        biological or chemical terrorist attack.
            ``(2) Public health departments.--By the year 2010, each 
        public health department will have adequate capacity, including 
        coordination with other public and private stakeholders, 
        response training, resources, technology, and workforce, 
        necessary to effectively prepare for, and respond to, a 
        biological or chemical terrorist attack.
            ``(3) Disease surveillance.--By the year 2010, each State 
        and local government will participate in, and have 
        uninterrupted access to, sophisticated, electronic disease 
        surveillance, interoperable networks and data protocols, 
        information exchange, and immediate access to medical data, 
        treatment guidelines, and health alerts.
            ``(4) Laboratory readiness.--By the year 2010, Federal, 
        State, local, and public and private stakeholders will 
        collectively ensure laboratory readiness for a biological or 
        chemical attack, including the development of a nationwide 
        laboratory response system, response training, capacity 
        building, and coordination assistance.
            ``(5) Emergency rooms.--By the year 2010, local emergency 
        rooms will have adequate capacity, including coordination with 
other public and private stakeholders, response training, resources, 
technology, workforce, surge capacity, biocontainment, and 
decontamination capabilities necessary to effectively prepare for, and 
respond to, a biological or chemical terrorist attack.
            ``(6) Agricultural biological or chemical attacks.--By the 
        year 2010, each State and local government will have adequate 
        capacity, including coordination with other public and private 
        stakeholders, response training, resources, technology, and 
        workforce, necessary to effectively prepare for, and respond 
        to, an agricultural biological or chemical terrorist attack.
            ``(7) Health care and public health workforce.--By the year 
        2010, Federal, State, and local stakeholders will collectively 
        ensure health care workforce readiness for a biological or 
        chemical attack, including efforts to expand and strengthen the 
        health care and public health workforce in key biopreparedness 
        priority workforce areas as needed in an emergency.

``SEC. 2803. DUTIES AND AUTHORITY OF THE SECRETARY.

    ``(a) Plan.--Not later than 1 year after the date of enactment of 
this title, the Secretary, in consultation with public and private 
health care and health infrastructure entities, shall develop a 
coordinated plan to achieve the Preparedness Goals. Such plan shall 
include the development of specific benchmarks and outcome measures 
that are necessary to evaluate the national, State, and local progress 
towards achieving each such Goals.
    ``(b) Authority.--The Secretary shall carry out the activities 
described in section 2802, and any additional activities determined 
appropriate by the Secretary to achieve the Preparedness Goals.
    ``(c) Annual Reports.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this title, and annually thereafter, the Secretary 
        shall prepare and submit to the Committee on Health, Education, 
        Labor, and Pensions of the Senate and the Committee on Commerce 
        of the House of Representatives, a report concerning the 
        progress made, on the national, State, and local levels, toward 
        achieving each of the Preparedness Goals.
            ``(2) Additional authority.--If the Secretary determines 
        that additional legislative authority is needed to meet the 
        Preparedness Goals by the year 2010, the Secretary shall make 
        recommendations for such authority in the annual report 
        submitted under paragraph (1).

``SEC. 2804. CONSULTATION AND COORDINATION.

    ``The Secretary shall consult with the heads of other Federal 
agencies and with State and local entities, to coordinate programs, 
activities, and efforts to achieve the Preparedness Goals, including 
activities under this title, under the amendments made by the Public 
Health Threats and Emergencies Act (sections 319 through 319G of this 
Act), and under other laws.

 ``Subtitle B--National Biological or Chemical Terrorism Preparedness 
                              Block Grants

``SEC. 2811. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of making allotments under section 2812, there 
are authorized to be appropriated the following amounts:
            ``(1) For allotments under section 2812(a)(1), $55,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each of fiscal years 2003 through 2006.
            ``(2) For allotments under section 2812(a)(2), $55,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each of fiscal years 2003 through 2006.
            ``(3) For allotments under section 2812(a)(3), $100,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each of fiscal years 2003 through 2006.
            ``(4) For allotments under section 2812(a)(4), $50,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each of fiscal years 2003 through 2006.
            ``(5) For allotments under section 2812(a)(5), $100,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each of fiscal years 2003 through 2006.
            ``(6) For allotments under section 2812(a)(6), $100,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each of fiscal years 2003 through 2006.
            ``(7) For allotments under section 2812(a)(7), $95,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each of fiscal years 2003 through 2006.

``SEC. 2812. ALLOTMENTS.

    ``(a) Allotment Categories.--From the amount appropriated under 
section 2811 for any fiscal year, the Secretary shall make an allotment 
to each State in one or more of the following categories:
            ``(1) State and local first responders.--Allotments to 
        improve the planning and training activities of State and local 
        first responders under section 2814(a)(1).
            ``(2) State and local health agency planning and 
        training.--Allotments to carry out State and local health 
        agency planning and training activities under section 
        2814(a)(2).
            ``(3) State and local disease surveillance and 
        information.--Allotments to improve State and local efforts to 
        develop disease surveillance, data, and information under 
        section 2814(a)(3).
            ``(4) Laboratory readiness.--Allotments to carry out 
        activities to improve laboratory readiness under section 
        2814(a)(4).
            ``(5) Hospital preparedness.--Allotments to carry out 
        activities to improve hospital preparedness under section 
        2814(a)(5).
            ``(6) Detection and response.--Allotments to carry out 
        activities to improve the ability of State and local 
        communities to detect and respond to biological or chemical 
        agents under section 2814(a)(6).
            ``(7) Health care workforce.--Allotments to carry out 
        activities to strengthen the health care workforce under 
        section 2814(a)(7).
    ``(b) Formula.--From the amount appropriated under each of 
paragraphs (1) through (7) of section 2811 for any fiscal year for 
allotments under any of the categories described in subsection (a), the 
Secretary shall make allotments to each State on the basis of the 
population of the State.
    ``(c) Use of Available Funds.--To the extent that all the funds 
appropriated under any of paragraphs (1) through (7) of section 2811 
for a fiscal year and available for allotment in such fiscal year are 
not otherwise allotted to States because--
            ``(1) one or more States have not submitted an application 
        or description of activities in accordance with section 2815 
        with respect to one or more of the categories described in 
        subsection (a) for the fiscal year;
            ``(2) one or more States have notified the Secretary that 
        they do not intend to use the full amount of their allotment 
        under any such category; or
            ``(3) some State allotments are offset or repaid under 
        section 2816(b)(3);
such excess shall be allotted among each of the remaining States in 
proportion to the amount otherwise allotted to such States for the 
fiscal year without regard to this subsection.
    ``(d) Indian Tribes.--
            ``(1) In general.--If the Secretary--
                    ``(A) receives a request from the governing body of 
                an Indian tribe or tribal organization within any State 
                that funds under this subtitle be provided directly by 
                the Secretary to such tribe or organization; and
                    ``(B) determines that the members of such tribe or 
                tribal organization would be better served by means of 
                grants made directly by the Secretary under this 
                subtitle;
        the Secretary shall reserve from amounts which would otherwise 
        be allotted to such State under any of the categories described 
        in subsection (a) for the fiscal year the amount determined 
        under paragraph (2).
            ``(2) Amount.--The Secretary shall reserve for the purpose 
        of paragraph (1) from amounts that would otherwise be allotted 
        to such State under any of the categories described in 
        subsection (a) an amount equal to the amount which bears the 
        same ratio to the State's allotment for the fiscal year 
        involved as the population of the Indian tribe or the 
        individuals represented by the tribal organization bears to the 
        total population of the State.
            ``(3) Grant.--The amount reserved by the Secretary on the 
        basis of a determination under this subsection shall be granted 
        to the Indian tribe or tribal organization serving the 
        individuals for whom such a determination has been made.
            ``(4) Plan.--In order for an Indian tribe or tribal 
        organization to be eligible for a grant for a fiscal year under 
        this subsection, it shall submit to the Secretary a plan for 
        such fiscal year which meets such criteria as the Secretary may 
        prescribe.
            ``(5) Definitions.--In this subsection, the terms `Indian 
        tribe' and `tribal organization' have the same meaning given 
        such terms in section 4(b) and section 4(c) of the Indian Self-
        Determination and Education Assistance Act.

``SEC. 2813. PAYMENTS UNDER ALLOTMENTS TO STATES.

    ``(a) Payments.--
            ``(1) In general.--For each fiscal year, the Secretary 
        shall make payments, as provided for by section 203 of the 
        Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4213), to 
        each State from its allotment under section 2812 (other than 
any amount reserved under section 2812(d)) from amounts appropriated 
for that fiscal year.
            ``(2) Availability of funds.--Any amount paid to a State 
        for a fiscal year under paragraph (1) and remaining unobligated 
        at the end of such year shall remain available for the next 
        fiscal year to such State for the purposes for which it was 
        made.
    ``(b) Reduction in Payments.--The Secretary, at the request of a 
State, may reduce the amount of payments under subsection (a) by--
            ``(1) the fair market value of any supplies or equipment 
        furnished the State; and
            ``(2) the amount of the pay, allowances, and travel 
        expenses of any officer or employee of the Federal Government 
        when detailed to the State and the amount of any other costs 
        incurred in connection with the detail of such officer or 
        employee;
when the furnishing of supplies or equipment or the detail of an 
officer or employee is for the convenience of and at the request of the 
State and for the purpose of conducting activities described in section 
2814. The amount by which any payment is so reduced shall be available 
for payment by the Secretary of the costs incurred in furnishing the 
supplies or equipment or in detailing the personnel, on which the 
reduction of the payment is based, and the amount shall be deemed to be 
part of the payment and shall be deemed to have been paid to the State.

``SEC. 2814. USE OF ALLOTMENTS.

    ``(a) In General.--Except as provided in subsections (b) and (c), 
payments made to a State under section 2813 may be used for the 
following:
            ``(1) State and local first responders.--With respect to 
        payments relating to an allotment described in section 
        2812(a)(1), to improve the ability of State and local first 
        responders and emergency managers to develop planning, 
        training, and resources in preparation for a bioterrorist 
        attack, and to monitor, coordinate, contain, and respond 
        effectively to the effects of a bioterrorist attack.
            ``(2) State and local health agency planning and 
        training.--With respect to payments relating to an allotment 
        described in section 2812(a)(2), to improve the ability of 
        State and local health agencies to develop planning, training, 
        and resources in preparation for a bioterrorist attack, and to 
        monitor, coordinate, contain, and respond effectively to the 
        effects of a bioterrorist attack.
            ``(3) State and local disease surveillance and 
        information.--With respect to payments relating to an allotment 
        described in section 2812(a)(3), to supporting State and local 
        efforts to develop sophisticated, electronic disease 
        surveillance systems, establish interoperable networks and data 
        protocols, promote information exchange, and ensure immediate 
        access to medical data, treatment guidelines, and health 
        alerts.
            ``(4) Laboratory readiness.--With respect to payments 
        relating to an allotment described in section 2812(a)(4), to 
        improve laboratory readiness, including the development of a 
        collaborative nationwide laboratory system, response training, 
        capacity building, and coordination assistance in order to 
        effectively respond to a bioterrorist attack.
            ``(5) Hospital preparedness.--With respect to payments 
        relating to an allotment described in section 2812(a)(5), to 
        strengthen hospital preparedness, including bioterrorist 
        response training and coordination, specialized equipment, 
        efforts to increase emergency room and intensive care unit 
        surge capacity, and efforts to facilitate hazardous materials 
        decontamination and biocontainment.
            ``(6) Detection and response.--With respect to payments 
        relating to an allotment described in section 2812(a)(6), to 
        improve the ability of State and local communities to rapidly 
        detect and respond to unwanted biological or chemical agents 
        that affect plants or animals that threaten public safety or 
        undermine confidence in the food supply.
            ``(7) Health care workforce.--With respect to payments 
        relating to an allotment described in section 2812(a)(7), to 
        strengthen the health care workforce involved in emergency 
        response, including efforts to expand the workforce in key 
        biopreparedness priority areas (as designated by the 
        Secretary).
    ``(b) Prohibited Uses.--A State may not use amounts paid to it 
under section 2813 to--
            ``(1) provide inpatient services;
            ``(2) make cash payments to intended recipients of health 
        services;
            ``(3) purchase or improve land, purchase, construct, or 
        permanently improve (other than minor remodeling) any building 
        or other facility, or purchase major medical equipment; or
            ``(4) satisfy any requirement for the expenditure of non-
        Federal funds as a condition for the receipt of Federal funds.
The Secretary may waive the limitation contained in paragraph (3) upon 
the request of a State if the Secretary finds that there are 
extraordinary circumstances to justify the waiver and that granting the 
waiver will assist in carrying out this subtitle.
    ``(c) Transfer of Funds.--
            ``(1) In general.--A State may transfer not more than 10 
        percent of the amount allotted to the State under any of the 
        categories described in section 2812(a) for any fiscal year for 
        use by the State under any other of such categories in 
        accordance with paragraph (2).
            ``(2) Requirement.--At any time in the first three quarters 
        of the fiscal year a State, under paragraph (1) may transfer 
        not more than 3 percent of the allotment of the State for the 
        fiscal year for such use, and in the last quarter of a fiscal 
        year a State may transfer for such use not more than the 
        remainder of the amount of its allotment which may be 
        transferred.
    ``(d) Limitation on Administrative Costs.--Of the amount paid to 
any State under section 2813, not more than 5 percent may be used for 
administering the funds made available under such section. The State 
will pay from non-Federal sources the remaining costs of administering 
such funds.

``SEC. 2815. APPLICATION FOR PAYMENTS; STATE PLAN.

    ``(a) In General.--The Secretary may make payments under section 
2813 to a State for a fiscal year only if--
            ``(1) the State submits to the Secretary an application for 
        the payments;
            ``(2) the application contains a State plan in accordance 
        with subsection (b);
            ``(3) the application contains the certification described 
        in subsection (c);
            ``(4) the application contains such assurances as the 
        Secretary may require regarding the compliance of the State 
        with the requirements of this subtitle (including assurances 
        regarding compliance with the agreements described in 
        subsection (c)); and
            ``(5) the application is in such form and is submitted by 
        such date as the Secretary may require.
    ``(b) State Plan.--A State plan required in subsection (a)(2) for a 
fiscal year is in accordance with this subsection if the plan meets the 
following conditions:
            ``(1) The plan is developed by the State agency with 
        principal responsibility for public health programs, in 
        consultation with the advisory committee established pursuant 
        to subsection (c)(2).
            ``(2) The plan specifies the activities authorized in 
        section 2814 that are to be carried out with payments made to 
        the State under section 2813.
            ``(3) The plan contains a strategy for expending such 
        payments to carry out activities under section 2814 which 
        includes--
                    ``(A) a description of the programs, projects, and 
                activities to be carried out; and
                    ``(B) an estimate of the number of public health 
                personnel needed to carry out the strategy.
            ``(4) The plan specifies the amount of such payments to be 
        expended for each of such activities.
    ``(c) State Certification.--The certification referred to in 
subsection (a)(3) for a fiscal year is a certification to the Secretary 
by the chief executive officer of the State involved as follows:
            ``(1)(A) In the development of the State plan required in 
        subsection (a)(2)--
                    ``(i) the chief health officer of the State held 
                public hearings on the plan; and
                    ``(ii) proposals for the plan were made public in a 
                manner that facilitated comments from public and 
                private entities (including Federal and other public 
                agencies).
            ``(B) The State agrees that, if any revisions are made in 
        such plan during the fiscal year, the State will, with respect 
        to the revisions, hold hearings and make proposals public in 
        accordance with subparagraph (A), and will submit to the 
        Secretary a description of the revisions.
            ``(2) The State has established an advisory committee in 
        accordance with subsection (d).
            ``(3) The State agrees to expend payments under section 
        2813 only for the activities authorized in section 2814.
            ``(4) The State agrees to expend such payments in 
        accordance with the State plan submitted under subsection 
        (a)(2) (with any revisions submitted to the Secretary under 
        paragraph (1)(B)), including making expenditures to carry out 
        the strategy contained in the plan pursuant to subsection 
        (b)(3).
            ``(5) The State agrees that the State will collect and 
        report data in accordance with section 2816(a).
            ``(6) With respect to the activities authorized in section 
        2814, the State agrees to maintain State expenditures for such 
        activities at a level that is not less than the average level 
        of such expenditures maintained by the State for the 2-year 
        period preceding the fiscal year for which the State is 
        applying to receive payments under section 2813.
            ``(7) The State agrees to establish reasonable criteria to 
        evaluate the effective performance of entities that receive 
        funds from such payments and procedures for procedural and 
        substantive independent State review of the failure by the 
        State to provide funds for any such entity.
            ``(8) The State agrees to permit and cooperate with Federal 
        investigations undertaken in accordance with section 2817.
            ``(9) The State agrees to provide the officer of the State 
        government responsible for the administration of the State 
        highway safety program with an opportunity to--
                    ``(A) participate in the development of any plan by 
                the State relating to emergency medical services, as 
                such plan relates to highway safety; and
                    ``(B) review and comment on any proposal by any 
                State agency to use any Federal grant or Federal 
                payment received by the State for the provision of 
                emergency medical services as such proposal relates to 
                highway safety.
    ``(d) State Advisory Committee.--
            ``(1) In general.--For purposes of subsection (c)(2), an 
        advisory committee is in accordance with this subsection if 
        such committee is known as the State Bioterrorism Preparedness 
        Advisory Committee (in this subsection referred to as the 
        `Committee') and the Committee meets the conditions described 
        in the subsequent paragraphs of this subsection.
            ``(2) Duties.--A condition under paragraph (1) for a State 
        is that the duties of the Committee are--
                    ``(A) to hold public hearings on the State plan 
                required in subsection (a)(2); and
                    ``(B) to make recommendations pursuant to 
                subsection (b)(1) regarding the development and 
                implementation of such plan, including recommendations 
                on--
                            ``(i) which of the activities authorized in 
                        section 2814 should be carried out in the 
                        State;
                            ``(ii) the allocation of payments made to 
                        the State under section 2813;
                            ``(iii) the coordination of activities 
                        carried out under such plan with relevant 
                        programs of other entities; and
                            ``(iv) the collection and reporting of data 
                        in accordance with section 2816(a).
            ``(3) Composition.--
                    ``(A) In general.--A condition under paragraph (1) 
                for a State is that the Committee is composed of such 
                members of the general public, and such officials of 
                the health departments of political subdivisions of the 
                State, as may be necessary to provide adequate 
                representation of the general public and of such health 
                departments, laboratories, first responders, and 
                agricultural stakeholders.
                    ``(B) Specific representation.--With respect to 
                compliance with subparagraph (A), the membership of 
                advisory committees established pursuant to subsection 
                (c)(2) may include representatives of community-based 
                organizations (including minority community-based 
                organizations), schools of public health, and entities 
                to which the State involved awards grants or contracts 
                to carry out activities authorized in section 2814.
            ``(4) Chair; meetings.--A condition under paragraph (1) for 
        a State is that the State public health officer serves as the 
        chair of the Committee, and that the Committee meets not less 
        than twice each fiscal year.
    ``(e) Consolidated Application.--A State may submit a single 
consolidated application for one or more allotments under any of the 
categories described in paragraphs (1) through (7) of section 2812(a).

``SEC. 2816. REPORTS, DATA, AND AUDITS.

    ``(a) Collection and Reporting of Data.--
            ``(1) In general.--For purposes of section 2815(c)(5), a 
        State is collecting and reporting data for a fiscal year in 
        accordance with this subsection if the State submits to the 
        Secretary, not later than February 1 of the succeeding fiscal 
        year, a report that--
                    ``(A) describes the purposes for which the State 
                expended payments made to the State under section 2813;
                    ``(B) meets the conditions described in the 
                subsequent paragraphs of this subsection; and
                    ``(C) contains such additional information 
                regarding activities authorized in section 2814, and is 
                submitted in such form, as the Secretary may require.
            ``(2) Uniform data sets.--
                    ``(A) In general.--The Secretary, in consultation 
                with the States, shall develop sets of data for 
                uniformly deriving information under this section. Each 
                of such sets shall consist of one or more categories of 
                information (in this subsection individually referred 
                to as a `uniform data item'). The Secretary shall 
                develop formats for the uniform collecting and 
                reporting of information on such items.
                    ``(B) Collection of information.--A condition under 
                paragraph (1)(B) for a fiscal year is that the State 
                involved will, in accordance with the applicable format 
                under subparagraph (A), collect during such year, and 
                include in the report under paragraph (1), the 
                necessary information for one uniform data item from 
                each of the uniform data sets, which items are selected 
                for the State by the Secretary.
            ``(3) Criteria.--The Secretary, in consultation with the 
        States, shall establish criteria for the uniform collection and 
        reporting of data on activities authorized in section 2814 with 
        respect to which no uniform data items exist.
            ``(4) Availability of information.--A condition under 
        paragraph (1) for a fiscal year is that the State involved will 
        make copies of the report submitted under such paragraph for 
        the fiscal year available for public inspection, and will upon 
        request provide a copy of the report to any individual for a 
        charge not exceeding the cost of providing the copy.
    ``(b) Fiscal Controls.--
            ``(1) In general.--Each State shall establish fiscal 
        control and fund accounting procedures as may be necessary to 
        assure the proper disbursal of and accounting for Federal funds 
        paid to the State under section 2813 and funds transferred 
        under section 2814(c) for use under this subtitle.
            ``(2) Audits.--Each State shall annually audit its 
        expenditures from payments received under section 2813. Such 
        State audits shall be conducted by an entity independent of any 
        agency administering a program funded under this subtitle and, 
        in so far as practical, in accordance with the Comptroller 
        General's standards for auditing governmental organizations, 
        programs, activities, and functions. Within 30 days following 
        the date each audit is completed, the chief executive officer 
        of the State shall transmit a copy of that audit to the 
        Secretary.
            ``(3) Repayments.--Each State shall, after being provided 
        by the Secretary with adequate notice and opportunity for a 
        hearing within the State, repay to the United States amounts 
        found not to have been expended in accordance with the 
        requirements of this subtitle or the certification provided by 
        the State under section 2815. If such repayment is not made, 
        the Secretary shall, after providing the State with adequate 
        notice and opportunity for a hearing within the State, offset 
        such amounts against the amount of any allotment to which the 
        State is or may become entitled under this subtitle.
            ``(4) Availability of reports.--The State shall make copies 
        of the reports and audits required by this section available 
        for public inspection within the State.
            ``(5) Evaluation by secretary.--The Comptroller General of 
        the United States shall, from time to time, evaluate the 
        expenditures by States of grants under this subtitle in order 
        to ensure that expenditures are consistent with the provisions 
        of this subtitle and the certification provided by the State 
        under section 2815.
            ``(6) Report.--Not later than 1 year after the date of 
        enactment of this title, and annually thereafter, the Secretary 
        shall report to the Congress on the activities of the States 
        that have received funds under this subtitle and may include in 
the report any recommendations for appropriate changes in legislation.

``SEC. 2817. WITHHOLDING.

    ``(a) Requirements.--
            ``(1) In general.--The Secretary shall, after adequate 
        notice and an opportunity for a hearing conducted within the 
        affected State, withhold funds from any State which does not 
        use its allotment in accordance with the requirements of this 
        subtitle or the certification provided under section 2815. The 
        Secretary shall withhold such funds until the Secretary finds 
        that the reason for the withholding has been removed and there 
        is reasonable assurance that it will not recur.
            ``(2) Investigation.--The Secretary may not institute 
        proceedings to withhold funds under paragraph (1) unless the 
        Secretary has conducted an investigation concerning whether the 
        State has used its allotment in accordance with the 
        requirements of this subtitle or the certification provided 
        under section 2815. Investigations required by this paragraph 
        shall be conducted within the affected State by qualified 
        investigators.
            ``(3) Response to complaints.--The Secretary shall respond 
        in an expeditious manner to complaints of a substantial or 
        serious nature that a State has failed to use funds in 
        accordance with the requirements of this subtitle or 
        certifications provided under section 2815.
            ``(4) Minor failures.--The Secretary may not withhold funds 
        under paragraph (1) from a State for a minor failure to comply 
        with the requirements of this subtitle or certifications 
        provided under section 2815.
    ``(b) Investigations.--
            ``(1) By secretary.--The Secretary shall conduct in several 
        States in each fiscal year investigations of the use of funds 
        received by the States under this subtitle in order to evaluate 
        compliance with the requirements of this subtitle and 
        certifications provided under section 2815.
            ``(2) By comptroller general.--The Comptroller General of 
        the United States may conduct investigations of the use of 
        funds received under this subtitle by a State in order to 
        insure compliance with the requirements of this subtitle and 
        certifications provided under section 2815.
    ``(c) Availability of Information for Inspection.--Each State, and 
each entity which has received funds from an allotment made to a State 
under this subtitle, shall make appropriate books, documents, papers, 
and records available to the Secretary or the Comptroller General of 
the United States, or any of their duly authorized representatives, for 
examination, copying, or mechanical reproduction on or off the premises 
of the appropriate entity upon a reasonable request therefore.
    ``(d) Limitation on Requests for Information.--
            ``(1) In general.--In conducting any investigation in a 
        State, the Secretary or the Comptroller General of the United 
        States may not make a request for any information not readily 
        available to such State or an entity which has received funds 
        from an allotment made to the State under this subtitle or make 
        an unreasonable request for information to be compiled, 
        collected, or transmitted in any form not readily available.
            ``(2) Judicial proceedings.--Paragraph (1) does not apply 
        to the collection, compilation, or transmittal of data in the 
        course of a judicial proceeding.

``SEC. 2818. NONDISCRIMINATION.

    ``(a) General Requirements.--
            ``(1) Application of provisions.--For the purpose of 
        applying the prohibitions against discrimination on the basis 
        of age under the Age Discrimination Act of 1975, on the basis 
        of handicap under section 504 of the Rehabilitation Act of 
        1973, on the basis of sex under title IX of the Education 
        Amendments of 1972, or on the basis of race, color, or national 
        origin under title VI of the Civil Rights Act of 1964, programs 
        and activities funded in whole or in part with funds made 
        available under this subtitle are considered to be programs and 
        activities receiving Federal financial assistance.
            ``(2) Sex or religion.--No person shall on the ground of 
        sex or religion be excluded from participation in, be denied 
        the benefits of, or be subjected to discrimination under, any 
        program or activity funded in whole or in part with funds made 
        available under this subtitle.
    ``(b) Failure To Comply.--Whenever the Secretary finds that a 
State, or an entity that has received a payment from an allotment to a 
State under section 2812, has failed to comply with a provision of law 
referred to in subsection (a)(1), with subsection (a)(2), or with an 
applicable regulation (including one prescribed to carry out subsection 
(a)(2)), the Secretary shall notify the chief executive officer of the 
State and shall request that such officer secure compliance. If within 
a reasonable period of time, not to exceed 60 days, the chief executive 
officer fails or refuses to secure compliance, the Secretary may--
            ``(1) refer the matter to the Attorney General with a 
        recommendation that an appropriate civil action be instituted;
            ``(2) exercise the powers and functions provided by title 
        VI of the Civil Rights Act of 1964, the Age Discrimination Act 
        of 1975, or section 504 of the Rehabilitation Act of 1973, as 
        may be applicable; or
            ``(3) take such other action as may be provided by law.
    ``(c) Referral to Attorney General.--When a matter is referred to 
the Attorney General pursuant to subsection (b)(1), or whenever the 
Attorney General has reason to believe that a State or an entity is 
engaged in a pattern or practice in violation of a provision of law 
referred to in subsection (a)(1) or in violation of subsection (a)(2), 
the Attorney General may bring a civil action in any appropriate 
district court of the United States for such relief as may be 
appropriate, including injunctive relief.

``SEC. 2819. CRIMINAL PENALTY FOR FALSE STATEMENTS.

    ``Whoever--
            ``(1) knowingly and willfully makes or causes to be made 
        any false statement or representation of a material fact in 
        connection with the furnishing of items or services for which 
        payment may be made by a State from funds allotted to the State 
        under this subtitle; or
            ``(2) having knowledge of the occurrence of any event 
        affecting his or her initial or continued right to any such 
        payment conceals or fails to disclose such event with an intent 
        fraudulently to secure such payment either in a greater amount 
        than is due or when no such payment is authorized,
shall be fined not more than $25,000 or imprisoned for not more than 
five years, or both.

``SEC. 2820. RESERVATION OF AMOUNT FOR NATIONAL BIOLOGICAL OR CHEMICAL 
              TERRORISM PREPAREDNESS GOALS.

    ``(a) In General.--The Secretary may reserve not to exceed 10 
percent of the amount appropriated under any of paragraphs (1) through 
(7) of section 2811(a) for a fiscal year to carry out activities to 
address one or more of the National Biological or Chemical Terrorism 
Preparedness Goals.
    ``(b) Report.--Not later than 60 days after making a reservation 
under subsection (a), the Secretary shall prepare and submit to the 
appropriate committees of Congress a report that contains--
            ``(1) a description of the funds so reserved; and
            ``(2) a description of the activities to be carried out by 
        the Secretary using such funds.

               ``Subtitle C--Miscellaneous Grant Programs

``SEC. 2831. GRANTS TO STRENGTHEN HOSPITAL EMERGENCY, TRAUMA, AND ICU 
              CAPACITY.

    ``(a) Program Authorized.--The Secretary shall award competitive 
grants to eligible entities to address core bioterrorism response 
capacity needs using capacities developed in consultation with public 
and private entities, with a particular focus on building emergency 
surge capacity, biocontainment, and decontamination capabilities.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            ``(1) be a public or private hospital, or a State or 
        political subdivision of a State acting on behalf of a public 
        hospital; and
            ``(2) prepare and submit to the Secretary an application, 
        at such time, in such manner, and containing such information 
        as the Secretary may require.
    ``(c) Use of Funds.--An entity that receives a grant under 
subsection (a), may use amounts received under the grant to--
            ``(1) train hospital personnel in responding to 
        bioterrorism threats;
            ``(2) develop, enhance, coordinate, or improve 
        institutional, local, regional, or Statewide emergency surge 
        capacity, biocontainment, or decontamination capabilities; or
            ``(3) develop a plan for responding to bioterrorism 
        threats.
    ``(d) Allocation.--In allocating amounts under this section, the 
Secretary shall give priority to applicants that are hospitals located 
within 1 mile of a metropolitan area with a population of at least 
100,000.
    ``(e) Report.--Not later than 1 year after the date of enactment of 
this title, and annually thereafter, the Secretary shall prepare and 
submit to the Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Commerce of the House of 
Representatives a report that describes the activities carried out 
under this section.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $154,000,000 for fiscal year 
2002, and such sums as may be necessary for each of fiscal years 2003 
through 2006.''.

SEC. 4. REVITALIZING FEDERAL BIOLOGICAL AND CHEMICAL COUNTERTERRORISM 
              EFFORTS.

    (a) Finding.--Congress finds that significant new Federal personnel 
and infrastructure investments are needed to effectively counter 
biological and chemical terrorism in the next century, including 
threats to agriculture and the domestic food supply, increase 
preparedness, and strengthen Federal response efforts.
    (b) Improving Vaccine, Antibiotic, and Therapeutic Research and 
Development.--For the purposes of improving Federal vaccine, 
antibiotic, and therapeutic research and development, upgrading 
bioterrorism capacities at the Centers for Disease Control and 
Prevention, enabling the Federal Government to provide training and 
assistance to local communities to improve preparedness, strengthening 
the National Pharmaceutical Stockpile, and other critical capacity 
building and preparedness efforts, there is authorized to be 
appropriated $844,000,000 for fiscal year 2002, and such sums as may be 
necessary for each of fiscal years 2003 through 2006.
    (c) Protecting the Food Supply.--For the purposes of protecting 
agricultural production and safeguarding the food supply of the United 
States, increasing federal diagnostic and testing resources available 
to the States, and expanding Federal efforts to interdict dangerous or 
noxious substances which may be hazardous to public health, there is 
authorized to be appropriated--
            (1) to the Secretary of Agriculture $250,000,000 for fiscal 
        year 2002, and such sums as may be necessary for each of fiscal 
        years 2003 through 2006; and
            (2) to the Attorney General for use by the United States 
        Customs Service $100,000,000 for fiscal year 2002, and such 
        sums as may be necessary for each of fiscal years 2003 through 
        2006.
    (d) Additional Research and Development.--For the purposes of 
promoting and expanding research on biological and chemical terrorism--
            (1) there is authorized to be appropriated to the Secretary 
        of Energy, $10,000,000 for fiscal year 2002, and such sums as 
        may be necessary for each of fiscal years 2003 through 2006;
            (2) there is authorized to be appropriated to the Attorney 
        General, $10,000,000 for fiscal year 2002, and such sums as may 
        be necessary for each of fiscal years 2003 through 2006;
            (3) there is authorized to be appropriated to the Secretary 
        of Agriculture, $10,000,000 for fiscal year 2002, and such sums 
        as may be necessary for each of fiscal years 2003 through 2006; 
        and
            (4) there is authorized to be appropriated to the 
        Administrator of the Environmental Protection Agency, 
        $10,000,000 for fiscal year 2002, and such sums as may be 
        necessary for each of fiscal years 2003 through 2006.

SEC. 5. STRENGTHENING RURAL COMMUNITY PREPAREDNESS FOR A BIOLOGICAL OR 
              CHEMICAL ATTACK.

    (a) Finding.--Congress finds that rural communities may lack the 
coordination, training, or resources necessary to fully and effectively 
prepare for, and respond to, a biological or chemical terrorist attack.
    (b) Strengthening Rural Community Preparedness for a Biological or 
Chemical Attack.--The Secretary of Health and Human Services shall 
review existing Federal counterterrorism efforts in light of specific 
characteristics which may render a rural community uniquely vulnerable 
to a biological or chemical terrorist attack, including distance, lack 
of emergency transport, hospital or laboratory capacity, lack of 
integration into State or Federal public health networks, workforce 
deficits, or other relevant conditions, and carry out activities where 
necessary to strengthen rural community preparedness.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Health and Human Services shall prepare and 
submit to the appropriate committees of Congress a report containing 
the results of the review conducted under subsection (b). If the 
Secretary determines that additional legislative authority is necessary 
to effectively strengthen rural community preparedness, the report 
shall contain the recommendation of the Secretary to that effect.
                                 <all>