HR 3242 IH

107th CONGRESS

1st Session

H. R. 3242

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

IN THE HOUSE OF REPRESENTATIVES

November 7, 2001

Mr. BLAGOJEVICH introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Agriculture, the Judiciary, and Science, 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

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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 or 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.

END