[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1520

  To assist States in preparing for, and responding to, biological or 
                      chemical terrorist attacks.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 9, 2001

 Mr. Bayh (for himself, Mr. Voinovich, Mr. Miller, Mrs. Carnahan, Mr. 
  Carper, Mr. Nelson of Nebraska, Mr. Rockefeller, Mrs. Lincoln, Ms. 
  Mikulski, and Mr. Bennett) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
  To assist States in preparing for, and responding to, biological or 
                      chemical terrorist attacks.

    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 ``State Bioterrorism Preparedness 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) State governments are viewed as strong partners in the 
        United States' national security efforts, particularly as 
        related to domestic terrorism.
            (2) Information sharing is a critical part of terrorism 
        preparedness activities.
            (3) Coordination efforts with public, private, nonprofit, 
        and for-profit hospitals and medical providers are essential to 
        the success of preventing the spread of a biological terrorist 
        attack.
            (4) The Centers for Disease Control and Prevention have 
        implemented a solid structure with which to combat terrorism. 
        However, additional resources and direction are needed to 
        expand upon the program and accelerate its results.
            (5) There are hundreds of infectious agents and toxins, but 
        only a small subgroup has the physical and biological 
        properties needed for a mass casualty producing biological 
        weapon.
            (6) Most biological weapons programs concentrate on between 
        10 and 15 agents sharing the common characteristics of ease of 
        production, infectivity or toxicity, stability during 
        processing, storage and in the environment, and the ability to 
        effectively cause illness or death to an exposed population 
        with anthrax and small pox common to most lists.
            (7) A comprehensive strategy that involves preventing an 
        attack from occurring and preparing the Federal, State, local 
        and private sectors in case such an attack were to occur is 
        critical to reducing the incidence of fatality if such an 
        attack were to occur.
            (8) The intelligence community must make far greater use of 
        the biomedical communities in and out of government and the 
        United States national security community should include the 
        medical, public health and human service communities, which all 
        are critical to bioterrorism preparedness and response.
            (9) Enhancing domestic preparedness by developing a 
        national bioterrorism surveillance and detection capacity, 
        developing and distributing rapid and more reliable diagnostic 
        capabilities and systems, developing a comprehensive strategy 
        for assuring surge capacity for health care, streamlining 
        national pharmaceutical stockpiling efforts, and increasing 
        research and development for new pharmaceuticals, vaccines and 
        antidotes are essential endeavors.
            (10) Developing a clear strategy for working with the media 
        to help manage public apprehension and panic and to reexamine 
        and modernize the legal framework for epidemic control measures 
        and civil liberties, including working with States to achieve 
        greater harmony at the State and local level with management of 
        new threats must be done.
            (11) The Administration of President Clinton took the 
        initiative to strengthen the public health infrastructure by 
        creating a pharmaceutical stockpile for civilian use, awarding 
        contracts for new small pox vaccine, researching the 
        development of new and improved diagnostics, drugs and 
        vaccines, helping to train first responders (police, fire 
        fighters and public health officials) and investing in new 
        technologies to help with detection of biological agents, but 
        this effort must be dramatically accelerated and far more money 
        and energy is needed to address the today's threats.

SEC. 3. GRANTS TO IMPROVE STATE PREPAREDNESS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this Act as the ``Secretary''), acting through the 
Director of the Centers for Disease Control and Prevention, shall award 
grants to States to enable such States to prepare for and respond to 
bioterrorism. The grant program established under this section shall be 
administered through the Bioterrorism Preparedness and Response 
Initiative.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a State shall prepare and submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including a plan for 
preparing for and responding to bioterrorism. Such plan shall include--
            (1) a description of the process the State will implement 
        in order to detect and response to bioterrorism, including how 
        the State will manage State detection and response efforts and 
        coordinate with national efforts;
            (2) an assurance that the State will coordinate with all 
        emergency responders, health care providers, Federal, State and 
        local governmental agencies, and law enforcement personnel 
        during all stages of the State bioterrorism initiative;
            (3) a description of the activities that the State will 
        conduct to build local infrastructures for the prevention, 
        detection, and response to biological or chemical attacks;
            (4) a description of State efforts to stockpile 
        medications, vaccines, antibiotics, and medical supplies;
            (5) an assessment of the threat of biological or chemical 
        attacks in the State;
            (6) a media and communication plan relating to the 
        dissemination of information to the public to inform the public 
        of any biological or chemical threat without creating panic;
            (7) a description of the training initiatives that the 
        State will carry out with respect to local emergency personnel, 
        law enforcement officials, and health care providers relating 
        to the detection of and response to a biological or chemical 
        attack;
            (8) a description of the cleanup and contamination 
        prevention efforts to be implemented in the event of a 
        biological or chemical attack;
            (9) an assurance that the State will coordinate its 
        bioterrorism efforts with public, private, and faith-based 
        organizations that are able to provide necessary supplies and 
        equipment, such as medical products and personnel;
            (10) a description of the State mechanisms in place for 
        improving the health care infrastructure in the State through 
        the building of workforce capacity and competency, information 
        and data systems, and up to date health departments and local 
        laboratories;
            (11) a description of the State procedures for holding 
        practice biological or chemical attack drills and simulations;
            (12) an assessment of State and local public health laws 
        relating to bioterrorism, and the interaction of such laws with 
        similar Federal laws;
            (13) the designation of a State official to serve as a 
        liaison to the Office of Homeland Security; and
            (14) the general goals and needs of the State relating to 
        bioterrorism.
    (c) Annual Submissions.--A State that receives a grant under this 
section shall annually submit to the Secretary an updated State plan 
that contains the information described in paragraphs (1) through (13) 
of subsection (b).
    (d) Use of Funds.--A State shall use amounts received under a grant 
under this section to carry out the State plan under subsection (b). 
Additionally, a State may use such funds to--
            (1) prepare for and prevent a biological or chemical 
        attack;
            (2) carry out surveillance and detection activities 
        relating to biological or chemical attacks;
            (3) carry out activities to improve communications and 
        coordination efforts within the State and between the State and 
        the Federal Government;
            (4) carry out activities to improve emergency response 
        capabilities in the State; and
            (5) make public health infrastructure improvements, 
        including--
                    (A) carrying out activities relating to rapid 
                disease detection and investigation;
                    (B) carrying out activities to improve State and 
                local laboratories, including improving biological and 
                chemical agent identification, classification, and 
                characterization (bacteria, viruses, and toxins);
                    (C) carrying out coordinated public health response 
                activities;
                    (D) carrying out activities to improve public 
                health information technology;
                    (E) providing training for health care workers and 
                otherwise addressing staffing needs;
                    (F) the development of comprehensive statewide 
                electronic public health reporting systems; and
                    (G) carrying out cooperative efforts with State and 
                local public and private hospitals;
    (e) Amount.--
            (1) In general.--Except as provided in paragraph (2), the 
        amount of a grant to a State under this section for a fiscal 
        year shall be an amount equal to the sum of--
                    (A) $5,000,000; and
                    (B) an amount that bears the same ratio to the 
                amount appropriated under subsection (g) for such 
                fiscal year as the total population of the State bears 
                to the total population of all States.
            (2) Small state minimum.--Subject to the extent of amounts 
        made available under subsection (g), the amount determined 
        under paragraph (1)(B) with respect to a State shall not be 
        less than an amount equal to 1 percent of the amount 
        appropriated for the fiscal year involved.
            (3) Indian tribes.--The Secretary shall reserve 1 percent 
        of the amount appropriated for each fiscal year under 
        subsection (g) to award grants under this section to Indian 
        tribes and tribal organizations. The Secretary shall develop 
        guidelines to determine the eligibility of such tribes or 
        tribal organizations for a grant under this section.
    (f) Annual Reports.--Not later than January 1, 2003, and annually 
thereafter, the General Accounting Office shall prepare and submit to 
the appropriate committees of Congress, a report concerning the 
implementation of this section. Such report shall include--
            (1) an assessment of the progress made by States in 
        preparing for and being able to respond to a biological or 
        chemical attack; and
            (2) recommendations for areas in which the States can 
        improve their preparation for, or ability to respond to, a 
        biological or chemical attack.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            (1) $250,000,000 for each of fiscal years 2002 through 
        2006, for base allocations under subsection (e)(1)(A); and
            (2) $200,000,000 for each of fiscal years 2002 through 
        2006, for allocations based on State population under 
        subsection (e)(1)(B).
    (h) Definition.--In this section, the term ``State'' means each of 
the several States, the District of Columbia, and any commonwealth, 
territory, or possession of the United States.

SEC. 4. PROVISION OF INFORMATION BY THE FEDERAL GOVERNMENT.

    (a) In General.--Each agency of the Federal Government that 
collects or prepares information of the type described in this 
subsection shall provide to each State the following--
            (1) a description of the probable agents that may be 
        utilized in a biological or chemical attack, the 
        characteristics of such agents, their impact on people, and 
        appropriate risk assessments;
            (2) model or proposed bioterrorism plans, based on Federal 
        standards and guidelines, for the surveillance, detection, 
        response to, and management of a biological or chemical attack;
            (3) information relating to biological or chemical attacks 
        that is based on best practices;
            (4) emergency health information;
            (5) bioterrorism preparation and response training 
        information;
            (6) bioterrorism-related emergency information;
            (7) a list of available resources maintained by public, 
        private, nonprofit, and for-profit entities that have compiled 
        bioterrorism training data and other related information; and
            (8) in times of war, heightened threat, or risk of war, 
        critical information relating to the health and safety of the 
        State's residents.
    (b) Coordination.--The Secretary shall coordinate the provision of 
information under subsection (a) to avoid duplication of efforts.
    (c) Best Practices.--There is authorized to be appropriated, 
$50,000,000 in each fiscal year to enable the Director of the Centers 
for Disease Control and Prevention to continue and enhance the efforts 
of the Centers in developing best practices relating to biological or 
chemical attacks.
    (d) State Security Coordinator.--There shall be established within 
the Office of Homeland Security, a position to be known as the 
``Assistant Director for State Coordination''. The Director of the 
Office of Homeland Security shall appoint an individual to serve as the 
Assistant Director and act as a liaison between the Office and the 
States.

SEC. 5. DEVELOPMENT OF COMMUNICATIONS SYSTEMS.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention and in consultation with the 
heads of other Federal departments and agencies, shall--
            (1) carry out activities to implement a national 
        communications system, including the establishment of a 
        national electronic infrastructure, to improve the exchange of 
        emergency health information among Federal, State, and local 
        health agencies;
            (2) develop a national emergency communication plan that 
        ensures the rapid dissemination of health information to the 
        public during actual, threatened, or suspected acts of 
        biological or chemical terrorism; and
            (3) establish an Internet web-site that contains training 
        information and bioterrorism-related emergency information for 
        use by States.
    (b) Completion.--Not later than December 31, 2002, the Director of 
the Centers for Disease Control and Prevention shall complete the 
system, plan, and web-site described in subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 6. SIMULATIONS.

    (a) Grants.--The Secretary shall award a grant to each State to 
enable the State to carry out table-top and computer-based biological 
or chemical attack simulations.
    (b) Exercises.--Not later than 6 months after the date of enactment 
of this Act, the Director of the Centers for Disease Control and 
Prevention shall provide each State with a set of exercises for the 
simulations to be conducted under subsection (a).
    (c) Completion.--Not later than December 31, 2002, a State that 
receives a grant under this section shall complete at least one of the 
simulations required under subsection (a).
    (d) Notice Simulations.--The Secretary shall provide for the 
conduct, in three geographically diverse States that receive a grant 
under subsection (a), of a biological or chemical attack simulation. 
Such simulations shall be conducted after notice is provided to the 
States involved by the Secretary.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.
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