Public Health Security and Bioterrorism Preparedness and Response Act (P.L. 107-188): Provisions and Changes to Preexisting Law

Publication Date: August 2002

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government

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Abstract:

Last fall's anthrax attacks, though small in scale compared to the scenarios envisioned by bioterrorism experts, strained the public health system and raised concern that the nation is insufficiently prepared to respond to bioterrorist attacks. Improving public health preparedness and response capacity offers protection not only from bioterrorist attacks, but also from naturally occurring public health emergencies.

On June 12, 2002, the President signed into law the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188, H.R. 3448), which is intended to bolster the nation's ability to respond effectively to bioterrorist threats and other public health emergencies. The act builds on the programs and authorities established in Title III of the Public Health Service (PHS) Act by the Public Health Threats and Emergencies Act of 2000 (P.L. 106-505, Title I).

P.L. 107-188 is a 5-year authorization bill, which calls for a total of $2.4 billion in funding in FY2002, $2.0 billion in FY2003, and such sums as may be necessary for the remaining years. The act authorizes the Secretary of Health and Human Services (HHS) to upgrade and renovate facilities at the Centers for Disease Control and Prevention (CDC), purchase smallpox vaccine, expand the national stockpile of drugs, vaccines, and other emergency medical supplies, and provide grants to state and local governments and hospitals to improve preparedness and planning. The Secretaries of HHS and Agriculture are required to register and regulate facilities that handle potentially dangerous biological agents.

The anti-bioterrorism legislation also includes provisions to protect the nation's food and drug supply and enhance agricultural security, including new regulatory powers for the Food and Drug Administration (FDA) to block the importation of unsafe foods. To protect the drinking water supply, the act requires community water systems to conduct vulnerability assessments and develop emergency response plans. P.L. 107-188 also reauthorizes the Prescription Drug Use Fee Act through FY2007.