[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1508 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1508
To increase the preparedness of the United States to respond to a
biological or chemical weapons attack.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 4, 2001
Mr. Corzine (for himself, Mr. Reed, and Mr. Torricelli) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To increase the preparedness of the United States to respond to a
biological or chemical weapons attack.
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 Attack
Preparedness Act''.
SEC. 2. STATE PUBLIC HEALTH DISASTER PLANS.
(a) In General.--Not later than 120 days after the publication of
the standards developed by the Secretary of Health and Human Services
(in this Act referred to as the ``Secretary'') under subsection (c),
each State shall develop a State public health disaster plan for
responding to biological or chemical attacks. Not later than 180 days
after the publication of such standards, each State shall fully
implement the State's plan.
(b) Requirements of Plan.--A State public health disaster plan
developed under subsection (a) shall--
(1) comply with the standards developed under subsection
(c);
(2) require designated hospitals and health care providers
in the State to have procedures in place to provide health care
items and services (including antidotes, vaccines or other
drugs or biologicals) to all State residents in the event of a
biological or chemical attack;
(3) require that hospitals and health care providers
designated under paragraph (2) conduct drills, on a semiannual
or other basis determined appropriate by the Secretary, to
ensure the readiness of such hospital or provider to receive
and treat victims of a biological or chemical attack;
(4) be developed in consultation with affected local
governments and hospitals; and
(5) meet such other requirements as the Secretary
determines appropriate.
(c) Standards.--Not later than 120 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall develop,
and publish in the Federal Register, standards relating to State public
health disaster plans, including requirements relating to the
equipment, training, treatment, and personnel that a hospital or health
care provider must have to be a designated hospital or provider under
such plan.
(d) Submission to Secretary.--
(1) In general.--Not later 360 days after the date on which
standards are published under subsection (c), and annually (or
at such other regular periods as the Secretary may determine
appropriate) thereafter, a State shall submit to the Secretary
for approval the disaster plan developed by the State under
this section. The Secretary may only approve such plan if the
Secretary determines that the plan complies with such
standards.
(2) Monitoring.--The Secretary shall monitor the States to
determine whether each State has developed and implemented a
State disaster plan in accordance with this section.
(e) Medicaid State Plan Requirement.--Section 1902(a) of the Social
Security Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (64), by striking ``and'' at the end;
(2) in paragraph (65), by striking the period at the end
and inserting ``; and'', and
(3) by inserting after paragraph (65) the following:
``(66) provide that the State shall develop, for approval
by the Secretary, and have in effect a State public health
disaster plan for responding to biological or chemical attacks
in accordance with section 2 of the Biological and Chemical
Attack Preparedness Act, except that this paragraph shall not
apply to a State if the Secretary waives the application of
this paragraph because of the existence of exceptional
circumstances.''.
SEC. 3. GRANTS FOR TRAINING, EQUIPMENT, AND PERSONNEL.
(a) In General.--The Secretary, acting through the Director of the
Office of Emergency Preparedness, shall award grants to hospitals and
health care providers to enable such hospitals and providers to provide
training, give treatment, purchase equipment, and employ personnel.
(b) Eligibility.--
(1) In general.--To be eligible for a grant under
subsection (a), a hospital or health care provider shall in
consultation with the State, prepare and submit to the Director
of the Office of Emergency Preparedness, an application at such
time, in such manner, and containing such information as the
Director may require.
(2) Preference for designated hospitals and providers.--In
awarding grants under this section, the Director shall give
priority to applicant hospitals and health care providers that
are designated hospitals or providers under the State public
health disaster plan under section 2.
(3) Governmental entities.--Notwithstanding paragraph
(1)(A), the Director may award a grant under this section to a
State or local governmental entity if the Secretary determines
that such an award is appropriate.
(c) Use of Funds.--
(1) In general.--A grantee shall use amounts received under
a grant under this section to provide training, give treatment
(including the provision of antidotes, vaccines or other drugs
or biologicals), purchase equipment, and employ personnel as
determined to be appropriate by the Director of the Office of
Emergency Preparedness to enable the grantee to carry out its
duties under the State public health disaster plan.
(2) Technical expertise.--A grantee may use amounts
received under a grant under this section to acquire technical
expertise to enable the grantee to develop appropriate
responses to biological or chemical attacks.
(d) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this section.
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