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National Association of Counties * Washington, D.C.      Vol. 33, No. 23 * December 10, 2001

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Bioterrorism legislation
awaits year-end action

By Sally McElroy
associate legislative director


No matter how you slice it, bioterrorism preparedness is in for an increase under a series of proposals now wending their way through Capitol Hill. A Senate measure, if passed, would add an additional $3.2 billion. Although still pending at press time, S. 1765, the Bioterrorism Preparedness Act of 2001, introduced by Sens. Edward Kennedy (D-Mass.) and Bill Frist (R-Tenn.) may pass Congress in some form by the end of the year. The bill could be attached to end-of-the year funding legislation.

Funding levels associated with the bill are in the $3.2 billion range, with roughly $420 million for Section 319 C project grants, which are grants to local governments to address public health capacity. There is also $370 million for assisting hospitals, as part of local consortia that include local governments, to improve the response capabilities to a bioterrorist attack. However, the bill’s supporters have indicated that they will leave the specific funding decisions up to appropriators.

S. 1765 includes provisions that address improving local, state and federal preparedness for a bioterrorist event, in addition to food safety provisions. NACo is supporting the bill.

Provisions for local governments build on the elements of last year’s Public Health Threats and Emergencies Act by providing bioterrorism preparedness project grants for which local governments and/or consortia of local governments would be eligible. Grant monies could be used for such activities as assessment and improvement of core public health capacity needs and public health threat response planning.

In addition, the bill would create Designated Bioterrorism Response Medical Centers to help improve local bioterrorism medical center preparedness. Consortia of health care facilities, local governments, and public health departments would be eligible for funds under this provision to:

  • train staff to recognize possible biological attack symptoms and their mental health consequences,
  • increase “surge” capacity
  • purchase reserves of vaccines or other medical supplies, and
  • train and plan for protection of personnel responding to an attack.

Bioterrorism preparedness in the House
On the House side, Reps. Greg Ganske (R-Iowa) and Marion Berry (D-Ark.) have introduced a companion bill (H.R. 3310) that is virtually identical to S. 1765.

Meanwhile, there is funding for bioterrorism preparedness in the House-passed version of the emergency spending bill, which is part of the Department of Defense Appropriations bill. The emergency spending provisions would allocate most of the $40 billion in spending that was approved immediately following the events of Sept. 11. Included would be $613 million for federal, state, and local bioterrorism preparedness and $400 million for counter-terrorism aid to state and local governments.

The Senate’s emergency spending legislation has been through the committee process and was expected on the Senate floor for a vote Dec. 6. Sen. Robert Byrd (D-W.V.) is leading an effort to spend about $15 billion more than the $40 billion already approved for response to and recovery from the Sept. 11 attacks.

Of this amount, $7.5 billion would be targeted for clean up and recovery efforts in New York, Virginia and Pennsylvania. The other $7.5 billion is slated for domestic security. Of this amount, Byrd would funnel $3.9 billion towards bioterrorism preparedness.

Most of this amount, or $3.3 billion, would go to the Department of Health and Human Services to:

  • expand state and local laboratory and hospital capacity to recognize pathogens and treat victims, via the Public Health Emergency Fund ($1.3 billion)
  • purchase vaccines and other medical supplies ($1.4 billion)
  • fund research on new vaccines, antibiotics and other treatments ($221 million)
  • improve disaster response training and improve security at laboratories ($182 million)
  • improve CDC lab and personnel capacity ($185 million)

USDA and the FDA would also receive $575 million to hire more inspectors and beef up security.

President George W. Bush has indicated that he believes that the original $40 billion is a sufficient amount to spend through the end of the year and has threatened to veto legislation that spends more.

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