[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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