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September 11, 2001 : Attack on America
S 1508 Biological and Chemical Attack Preparedness Act (Introduced in the Senate); October 4, 2001


Biological and Chemical Attack Preparedness Act (Introduced in the Senate)

S 1508 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

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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.



Source:
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