[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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