107th Congress

Public Health Security and Bioterrorism Preparedness and Response Act of 2002

P.L. 107-188 (H.R. 3448 and S. 1765)

Impact of Public Law

Among its many provisions, Public Law (P.L.) 107-188 amends Section 319 of the Public Health Service Act to strengthen protections related to public health. The Act requires the Secretary of Health and Human Services (HHS), in coordination with appropriate Federal department and agency officials, to establish a joint interdepartmental working group on preparedness for acts of bioterrorism. Among its activities, this group is charged with providing consultations on, assistance in, and recommendations regarding provision of appropriate safety and health training; coordination and prioritization of countermeasures to treat, prevent, or identify exposures to biological agents; and research on pathogens likely to be used in a biological threat or attack on the civilian population. The Act contains the following additional provisions:

Enhanced Control of Biological Agents and Toxins

The Secretary of HHS is required to:

• Establish and maintain a list of each biological agent and toxin that has the potential to pose a severe threat to public health and safety.
• Establish and enforce safety standards and procedures for possession, use, and transfer of such agents.
• Require registration of the possession, use, and transfer of biological agents and toxins.
• Maintain a national database of the location of such agents and toxins and the names and other identifying information for individuals who would possess, use, and transfer such agents.

In addition, the Secretary of HHS is required to 1) restrict access to these agents to individuals who need to handle or use them, and 2) provide for prompt screening of such individuals by using criminal, immigration, and national security databases to identify restricted persons. Individuals who knowingly possess or transfer a select agent without obtaining a registration would be subject to a fine or imprisonment for not more than 5 years, or both.

Research

The Secretary of HHS is required to:

• Conduct and award grants, contracts, or cooperative agreements for research, investigations, experiments, demonstrations, and studies in the health sciences relating to the epidemiology and pathogenesis of biological agents and toxins, and for the development of new vaccines and therapeutics, diagnostic tests, and other relevant areas of research.
• Give priority to conducting research on the development of tests that are suitable for inspection of food at ports of entry to the United States. In providing for this research, the Secretary is required to coordinate with the Directors of the National Institutes of Health and the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture.
• Enhance and expand research, acting through the Director of the National Institute for Occupational Safety and Health, on the health and safety of workers at risk for bioterrorist threats or attacks in the workplace, including research on the health effects or disorders resulting from such attacks.

Legislative History

One of many bills targeted to protecting the Nation from bioterrorism and other terrorist attacks, H.R. 3448 was introduced on December 11, 2001, by Representative W.J. "Billy" Tauzin (R-LA) and was referred to the House Committee on Energy and Commerce. The measure was brought to the House floor for consideration on December 11 Under Suspension of the Rules and passed by a two-thirds majority vote on December 12. On December 20, the Senate passed its version of the bill, incorporating provisions of S. 1765, the Bioterrorism Preparedness Act of 2001, introduced by Senator William Frist (R-TN) on November 15, 2001. The Senate-passed H.R. 3448 was sent to conference, Senate conferees were appointed, and the measure was returned to the House. On February 28, 2002, the House considered H.R. 3448 and agreed to a conference. On May 21, the Senate completed its action on the conference report; the House agreed to the report on May 22 by a recorded vote of 425 to 1. Similarly, on May 23, the Senate agreed to the conference report by a vote of 98 to 0. The President signed H.R. 3448 on June 12, 2002, as P.L. 107-188.

For more information on bioterrorism legislation, refer to the article under Public Laws entitled "Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001." (Web link) Also, refer to the article under Pending Legislation entitled "Bioterrorism."