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H.R.3310
Bioterrorism Preparedness Act of 2001 (Introduced in
House)
SEC. 216. REGULATION OF BIOLOGICAL AGENTS AND TOXINS.
(a) Biological Agents Provisions of the Antiterrorism and Effective Death
Penalty Act of 1996; Codification in the Public Health Service Act, With
Amendments-
(1) PUBLIC HEALTH SERVICE ACT- Subpart 1 of part F of title III of the
Public Health Service Act (42 U.S.C. 262 et seq.) is amended by inserting
after section 351 the following:
`SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS.
`(a) REGULATORY CONTROL OF BIOLOGICAL AGENTS AND TOXINS-
`(1) LIST OF BIOLOGICAL AGENTS AND TOXINS-
`(A) IN GENERAL- The Secretary shall by regulation establish and
maintain a list of each biological agent and each toxin that has the
potential to pose a severe threat to public health and safety.
`(B) CRITERIA- In determining whether to include an agent or toxin on
the list under subparagraph (A), the Secretary shall--
`(I) the effect on human health of exposure to the agent or
toxin;
`(II) the degree of contagiousness of the agent or toxin and the
methods by which the agent or toxin is transferred to
humans;
`(III) the availability and effectiveness of pharmacotherapies and
immunizations to treat and prevent any illness resulting from
infection by the agent or toxin; and
`(IV) any other criteria, including the needs of children and
other vulnerable populations, that the Secretary considers
appropriate; and
`(ii) consult with appropriate Federal departments and agencies, and
scientific experts representing appropriate professional groups,
including those with pediatric expertise.
`(2) BIENNIAL REVIEW- The Secretary shall review and republish the list
under paragraph (1) biennially, or more often as needed, and shall, through
rulemaking, revise the list as necessary to incorporate additions or
deletions to ensure public health, safety, and security .
`(3) EXEMPTIONS- The Secretary may exempt from the list under paragraph
(1)--
`(A) attenuated or inactive biological agents or toxins used in
biomedical research or for legitimate medical purposes; and
`(B) products that are cleared or approved under the Federal Food,
Drug, and Cosmetic Act or under the Virus-Serum-Toxin Act, as amended in
1985 by the Food Safety and Security Act.';
`(b) REGULATION OF TRANSFERS OF LISTED BIOLOGICAL AGENTS AND TOXINS- The
Secretary shall by regulation provide for--
`(1) the establishment and enforcement of safety procedures for the
transfer of biological agents and toxins listed pursuant to subsection
(a)(1), including measures to ensure--
`(A) proper training and appropriate skills to handle such agents and
toxins; and
`(B) proper laboratory
facilities to contain and dispose of such agents and toxins;
`(2) safeguards to prevent access to such agents and toxins for use in
domestic or international terrorism or for any other criminal
purpose;
`(3) the establishment of procedures to protect the public safety in the
event of a transfer or potential transfer of a biological agent or toxin in
violation of the safety procedures established under paragraph (1) or the
safeguards established under paragraph (2); and
`(4) appropriate availability of biological agents and toxins for
research, education, and other legitimate purposes.
`(c) POSSESSION AND USE OF LISTED BIOLOGICAL AGENTS AND TOXINS- The
Secretary shall by regulation provide for the establishment and enforcement of
standards and procedures governing the possession and use of biological agents
and toxins listed pursuant to subsection (a)(1) in order to protect the public
health and safety, including the measures, safeguards, procedures, and
availability of such agents and toxins described in paragraphs (1) through (4)
of subsection (b), respectively.
`(d) REGISTRATION AND TRACEABILITY MECHANISMS- Regulations under
subsections (b) and (c) shall require registration of the possession, use, and
transfer of biological agents and toxins listed pursuant to subsection (a)(1),
and such registration shall include (if available to the registered person)
information regarding the characterization of such biological agents and
toxins to facilitate their identification and traceability. The Secretary
shall maintain a national database of the location of such biological agents
and toxins with information regarding their characterizations.
`(e) INSPECTIONS- The Secretary shall have the authority to inspect
persons subject to the regulations under subsections (b) and (c) to ensure
their compliance with such regulations, including prohibitions on restricted
persons under subsection (g).
`(1) IN GENERAL- The Secretary shall establish exemptions, including
exemptions from the security
provisions for the use of attenuated or inactive biological agents or toxins
in biomedical research or for legitimate medical purposes, from the
applicability of provisions of--
`(A) the regulations issued under subsection (b) when the Secretary
determines that the exemptions, including exemptions from the security requirements, are
consistent with protecting public health and safety; and
`(B) the regulations issued under subsection (c) when the Secretary
determines that the exemptions, including exemptions from the security requirements, are
consistent with protecting public health and safety and that the agent or
toxin does not present a threat of use in domestic or international terrorism .
`(2) CLINICAL LABORATORIES- The Secretary shall exempt clinical
laboratories and other persons that possess, use, or transfer biological
agents and toxins listed pursuant to subsection (a)(1) from the
applicability of provisions of regulations issued under subsections (b) and
(c) only when--
`(A) such agents or toxins are presented for diagnosis, verification,
or proficiency testing;
`(B) the identification of such agents and toxins is, when required
under Federal or State law, reported to the Secretary or other public
health authorities; and
`(C) such agents or toxins are transferred or destroyed in a manner
set forth by the Secretary in regulation.
`(g) SECURITY REQUIREMENTS
FOR REGISTERED PERSONS-
`(1) SECURITY - In
carrying out paragraphs (2) and (3) of subsection (b), the Secretary shall
establish appropriate security
requirements for persons possessing, using, or transferring biological
agents and toxins listed pursuant to subsection (a)(1), considering existing
standards developed by the Attorney General for the security of government facilities,
and shall ensure compliance with such requirements as a condition of
registration under regulations issued under subsections (b), (c), and
(d).
`(2) LIMITING ACCESS TO LISTED AGENTS AND TOXINS- Regulations issued
under subsections (b) and (c) shall include provisions--
`(A) to restrict access to biological agents and toxins listed
pursuant to subsection (a)(1) only to those individuals who need to handle
or use such agents or toxins; and
`(B) to provide that registered persons promptly submit the names and
other identifying information for such individuals to the Attorney
General, with which information the Attorney General shall promptly use
criminal, immigration, and national security databases available to
the Federal Government to identify whether such individuals--
`(i) are restricted persons, as defined in section 175b of title 18,
United States Code; or
`(ii) are named in a warrant issued to a Federal or State law
enforcement agency for participation in any domestic or international
act of terrorism
.
`(3) CONSULTATION AND IMPLEMENTATION- Regulations under subsections (b)
and (c) shall be developed in consultation with research-performing
organizations, including universities, and implemented with timeframes that
take into account the need to continue research and education using
biological agents and toxins listed pursuant to subsection (a)(1).
`(h) DISCLOSURE OF INFORMATION-
`(1) IN GENERAL- Any information in the possession of any Federal agency
that identifies a person, or the geographic location of a person, who is
registered pursuant to regulations under this section (including regulations
promulgated before the effective date of this subsection), or any
site-specific information relating to the type, quantity, or
characterization of a biological agent or toxin listed pursuant to
subsection (a)(1) or the site-specific security mechanisms in place to
protect such agents and toxins, including the national database required in
subsection (d), shall not be disclosed under section 552(a) of title 5,
United States Code.
`(2) DISCLOSURES FOR PUBLIC HEALTH AND SAFETY; CONGRESS- Nothing in this
section may be construed as preventing the head of any Federal
agency--
`(A) from making disclosures of information described in paragraph (1)
for purposes of protecting the public health and safety; or
`(B) from making disclosures of such information to any committee or
subcommittee of
the Congress with appropriate jurisdiction, upon request.
`(i) CIVIL PENALTY- In addition to any other penalties that may apply
under law, any person who violates any provision of a regulation issued under
subsection (b) or (c) shall be subject to the United States for a civil
penalty in an amount not exceeding $250,000 in the case of an individual and
$500,000 in the case of any other person.
`(j) DEFINITIONS- For purposes of this section, the terms `biological
agent' and `toxin' have the same meaning as in section 178 of title 18, United
States Code.'.
(A) DATE CERTAIN FOR PROMULGATION; EFFECTIVE DATE REGARDING CRIMINAL
AND CIVIL PENALTIES- Not later than 180 days after the date of the
enactment of this title, the Secretary of Health and Human Services shall
promulgate an interim final rule for carrying out section 351A(c) of the
Public Health Service Act, which amends the Antiterrorism and Effective
Death Penalty Act of 1996. Such interim final rule will take effect 60
days after the date on which such rule is promulgated, including for
purposes of--
(i) section 175(b) of title 18, United States Code (relating to
criminal penalties), as added by subsection (b)(1)(B) of this section;
and
(ii) section 351A(i) of the Public Health Service Act (relating to
civil penalties).
(B) SUBMISSION OF REGISTRATION APPLICATIONS- A person required to
register for possession under the interim final rule promulgated under
subparagraph (A), shall submit an application for such registration not
later than 60 days after the date on which such rule is
promulgated.
(3) CONFORMING AMENDMENT- Subsections (d), (e), (f), and (g) of section
511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C.
262 note) are repealed.
(4) EFFECTIVE DATE- Paragraph (1) shall take effect as if incorporated
in the Antiterrorism and Effective Death Penalty Act of 1996, and any
regulations, including the list under subsection (d)(1) of section 511 of
that Act, issued under section 511 of that Act shall remain in effect as if
issued under section 351A of the Public Health Service Act.
(1) IN GENERAL- Section 175 of title 18, United States Code, as amended
by the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (Public Law 107-56) is amended--
(A) by redesignating subsections (b) and (c) as subsections (c) and
(d), respectively; and
(B) by inserting after subsection (a) the following:
`(1) UNREGISTERED FOR POSSESSION- Whoever knowingly possesses a
biological agent or toxin where such agent or toxin is a select agent for
which such person has not obtained a registration required by regulation
issued under section 351A(c) of the Public Health Service Act shall be fined
under this title, or imprisoned for not more than 5 years, or both.
`(2) TRANSFER TO UNREGISTERED PERSON- Whoever transfers a select agent
to a person who the transferor has reasons to believe has not obtained a
registration required by regulations issued under section 351A(b) or (c) of
the Public Health Service Act shall be fined under this title, or imprisoned
for not more than 5 years, or both.'.
(2) DEFINITIONS- Section 175 of title 18, United States Code, as amended
by paragraph (1), is further amended by striking subsection (d) and
inserting the following:
`(d) DEFINITIONS- As used in this section:
`(1) The terms `biological agent' and `toxin' have the meanings given
such terms in section 178, except that, for purposes of subsections (b) and
(c), such terms do not encompass any biological agent or toxin that is in
its naturally occurring environment, if the biological agent or toxin has
not been cultivated, cultured, collected, or otherwise extracted from its
natural source.
`(2) The term `for use as a weapon' includes the development,
production, transfer, acquisition, retention, or possession of any
biological agent, toxin, or delivery system, other than for prophylactic,
protective, or other peaceful purposes.
`(3) The term `select agent' means a biological agent or toxin, as
defined in paragraph (1), that is on the list that is in effect pursuant to
section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104-132), or as subsequently revised under section 351A(a)
of the Public Health Service Act.'.
(3) CONFORMING AMENDMENT-
(A) Section 175(a) of title 18, United States Code, is amended in the
second sentence by striking `under this section' and inserting `under this
subsection'.
(B) Section 175(c) of title 18, United States Code, (as redesignated
by paragraph (1)), is amended by striking the second sentence.
(c) REPORT TO CONGRESS- Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services, after
consultation with other appropriate Federal agencies, shall submit to the
Congress a report that--
(1) describes the extent to which there has been compliance by
governmental and private entities with applicable regulations under section
351A of the Public Health Service Act, including the extent of compliance
before the date of the enactment of this Act, and including the extent of
compliance with regulations promulgated after such date of enactment;
(2) describes the actions to date and future plans of the Secretary for
updating the list of biological agents and toxins under section 351A(a)(1)
of the Public Health Service Act;
(3) describes the actions to date and future plans of the Secretary for
determining compliance with regulations under such section 351A of the
Public Health Service Act and for taking appropriate enforcement actions;
and
(4) provides any recommendations of the Secretary for administrative or
legislative initiatives regarding such section 351A of the Public Health
Service Act.
TITLE III--IMPROVING STATE AND LOCAL PREPAREDNESS
Subtitle A--Emergency Measures to Improve State and Local
Preparedness
SEC. 301. STATE BIOTERRORISM PREPAREDNESS AND RESPONSE BLOCK GRANT.
(a) IN GENERAL- Section 319F of the Public Health Service Act (42 U.S.C.
247d-6) is amended by striking subsection (c) and inserting the following:
`(c) STATE BIOTERRORISM PREPAREDNESS AND RESPONSE BLOCK GRANTS-
`(1) IN GENERAL- The Secretary shall establish the State Bioterrorism
Preparedness and Response Block Grant Program (referred to in this
subsection as the `Program') under which the Secretary shall award grants to
or enter into cooperative agreements with States, the District of Columbia,
and territories (referred to in this section as `eligible entities') to
enable such entities to prepare for and respond to biological threats or
attacks. The Secretary shall ensure that activities conducted under this
section are coordinated with the activities conducted under this section and
section 319C.
`(2) ELIGIBILITY- To be eligible to receive amounts under paragraph (1),
a State, the District of Columbia, or a territory 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 an assurance that
the entity will--
`(A) not later than 180 days after the date on which a grant or
contract is received under this subsection, prepare and submit to the
Secretary a State Bioterrorism Preparedness and Response Plan in
accordance with subsection (c);
`(B) not later than 180 days after the date on which a grant or
contract is received under this subsection, complete an assessment under
section 319B(a), or an assessment that is substantially equivalent as
determined by the Secretary unless such assessment has already been
performed; and
`(C) establish a means by which to obtain public comment and input on
the plan and plan implementation that shall include an advisory committee
or other similar mechanism for obtaining input from the public at large as
well as other stakeholders;
`(D) use amounts received under paragraph (1) in accordance with the
plan submitted under paragraph (3), including making expenditures to carry
out the strategy contained in the plan;
`(E) use amounts received under paragraph (1) to supplement and not
supplant funding at levels in existence prior to and on September 11, 2001
for public health capacities or bioterrorism preparedness; and
`(F) with respect to the plan under paragraph (3), establish
reasonable criteria to evaluate the effective performance of entities that
receive funds under the grant or agreement and shall include relevant
benchmarks in the plan.
`(3) BIOTERRORISM PREPAREDNESS AND RESPONSE PLAN- Not later than 180
days after receiving amounts under this subsection, and 1 year after such
date, a State, the District of Columbia, or a territory shall prepare and
submit to the Secretary a Bioterrorism Preparedness and Response Plan for
responding to biological threats or attacks. Recognizing the assessment of
public health capacity conducted under section 319B, such plan shall
include--
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