BIOTERRORISM AND PROPOSALS TO COMBAT BIOTERRORISM

=======================================================================

                                HEARING

                               before the

                    COMMITTEE ON ENERGY AND COMMERCE
                        HOUSE OF REPRESENTATIVES

                      ONE HUNDRED SEVENTH CONGRESS

                             FIRST SESSION

                               __________

                           NOVEMBER 15, 2001

                               __________

                           Serial No. 107-72

                               __________

       Printed for the use of the Committee on Energy and Commerce


 Available via the World Wide Web: http://www.access.gpo.gov/congress/
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                    COMMITTEE ON ENERGY AND COMMERCE

               W.J. ``BILLY'' TAUZIN, Louisiana, Chairman

MICHAEL BILIRAKIS, Florida           JOHN D. DINGELL, Michigan
JOE BARTON, Texas                    HENRY A. WAXMAN, California
FRED UPTON, Michigan                 EDWARD J. MARKEY, Massachusetts
CLIFF STEARNS, Florida               RALPH M. HALL, Texas
PAUL E. GILLMOR, Ohio                RICK BOUCHER, Virginia
JAMES C. GREENWOOD, Pennsylvania     EDOLPHUS TOWNS, New York
CHRISTOPHER COX, California          FRANK PALLONE, Jr., New Jersey
NATHAN DEAL, Georgia                 SHERROD BROWN, Ohio
STEVE LARGENT, Oklahoma              BART GORDON, Tennessee
RICHARD BURR, North Carolina         PETER DEUTSCH, Florida
ED WHITFIELD, Kentucky               BOBBY L. RUSH, Illinois
GREG GANSKE, Iowa                    ANNA G. ESHOO, California
CHARLIE NORWOOD, Georgia             BART STUPAK, Michigan
BARBARA CUBIN, Wyoming               ELIOT L. ENGEL, New York
JOHN SHIMKUS, Illinois               TOM SAWYER, Ohio
HEATHER WILSON, New Mexico           ALBERT R. WYNN, Maryland
JOHN B. SHADEGG, Arizona             GENE GREEN, Texas
CHARLES ``CHIP'' PICKERING,          KAREN McCARTHY, Missouri
Mississippi                          TED STRICKLAND, Ohio
VITO FOSSELLA, New York              DIANA DeGETTE, Colorado
ROY BLUNT, Missouri                  THOMAS M. BARRETT, Wisconsin
TOM DAVIS, Virginia                  BILL LUTHER, Minnesota
ED BRYANT, Tennessee                 LOIS CAPPS, California
ROBERT L. EHRLICH, Jr., Maryland     MICHAEL F. DOYLE, Pennsylvania
STEVE BUYER, Indiana                 CHRISTOPHER JOHN, Louisiana
GEORGE RADANOVICH, California        JANE HARMAN, California
CHARLES F. BASS, New Hampshire
JOSEPH R. PITTS, Pennsylvania
MARY BONO, California
GREG WALDEN, Oregon
LEE TERRY, Nebraska

                  David V. Marventano, Staff Director

                   James D. Barnette, General Counsel

      Reid P.F. Stuntz, Minority Staff Director and Chief Counsel

                                  (ii)

  


                            C O N T E N T S

                               __________
                                                                   Page

Testimony of:
    Thompson, Hon. Tommy, Secretary, Department of Health and 
      Human Services; accompanied by Jeffrey P. Koplan, Director, 
      Centers for Disease Control and Prevention.................    51
Material submitted for the record by:
    American Bakers Association, et al, letter dated November 14, 
      2001, to Hon. W.J. Tauzin..................................   101
    Cady, John R., President and CEO, National Food Processors 
      Association, prepared statement of.........................   103
    Heinrich, Janet, Director, Health Care--Public Health Issues, 
      United States General Accounting Office, prepared statement 
      of.........................................................   108
    Nelson, Philip E., President, Institutte of Food 
      Technologists, letter dated November 15, 2001, to Hon. 
      Billy Tauzin...............................................   107
    Thornberry, Hon. Mac, a Representative in Congress from the 
      State of Texas, prepared statement of......................   102

                                 (iii)

  

 
           BIOTERRORISM AND PROPOSALS TO COMBAT BIOTERRORISM

                              ----------                              


                      THURSDAY, NOVEMBER 15, 2001

                          House of Representatives,
                          Committee on Energy and Commerce,
                                                    Washington, DC.
    The committee met, pursuant to notice, at 10 a.m., in room 
2123, Rayburn House Office Building, Hon. W.J. ``Billy'' Tauzin 
(chairman) presiding.
    Members present: Representatives Tauzin, Bilirakis, Upton, 
Stearns, Gillmor, Greenwood, Cox, Deal, Burr, Whitfield, 
Ganske, Norwood, Shimkus, Wilson, Shadegg, Fossella, Davis, 
Bryant, Bass, Pitts, Bono, Walden, Terry, Dingell, Waxman, 
Markey, Towns, Pallone, Brown, Deutsch, Rush, Eshoo, Stupak, 
Engel, Sawyer, Wynn, Green, McCarthy, Strickland, DeGette, 
Barrett, Luther, Capps, Doyle, and Harman.
    Staff present: Alan Slobodin, majority counsel; Joe 
Greenman, majority professional staff; Amit Sachdev, majority 
counsel; Anne Esposito, policy coordinator; Vikki Riley, 
assistant press secretary; Will Carty, legislative clerk; Bruce 
M. Gwinn, minority counsel; Edith Holleman, minority counsel; 
and Courtney Johnson, minority professional staff.
    Chairman Tauzin. The committee will please come to order. 
Let me ask our guests to take seats and we particularly want to 
welcome the Secretary of Health and Human Services to the 
committee today. Mr. Secretary, our customary procedure is to 
allow the chairman and the chairman of the subcommittee and 
ranking members to make opening statements before such an 
important hearing and our usual procedure is to allow all 
members' opening statements. We would ask unanimous consent 
that in doing so that the rest of the members of the committee 
would agree to limit their opening statements to 1 minute. Will 
that be acceptable to all members? Without objection--Mr. 
Waxman?
    Mr. Waxman. Mr. Chairman, many of us came here because we 
had something to say in an opening statement. Are we going to 
have the chairman and the ranking member take more than 1 
minute?
    Chairman Tauzin. My understanding is that the 3 minutes 
would be allowed to the chairman, Mr. Dingell, Mr. Bilirakis, 
Mr. Brown and I'm asking unanimous consent that other members 
limit their opening statements to a minute.
    Mr. Waxman. I'm going to object. I think members might want 
to do that, but I don't think we ought to be restricted to 1 
minute.
    Chairman Tauzin. The objection has been heard. The Chair 
recognizes himself for the appropriate time. Today, the full 
committee examines the threat of bioterrorism and proposals to 
combat bioterrorism. With the recent anthrax attacks, the 
spectrum of bioterrorism becomes a troubling reality which we 
need to address vigorously and obviously quickly.
    Prevention, preparedness and response to bioterrorism is a 
priority, I believe, that Congress must critically evaluate and 
this committee will take this task on this morning. Much of our 
attention will focus on the Centers for Disease Control and 
Prevention and the preeminent agency in the Federal 
Government's public health infrastructure which provides so 
much of our national leadership and illness detection, response 
and indeed prevention, including what occurs as a result of 
deliberate release of biological agents. We recently witnessed 
its capabilities at work in detecting and reacting to the 
anthrax outbreaks and I believe I speak for the vast majority 
of Americans when I say that I am proud and comforted that we 
created the CDC. Lives have been saved in New York and Trenton 
and Florida and here in our Nation's capital because we have 
invested in its capabilities.
    Now our ability to improve the response to present and 
future health threats depends upon our ability to look at the 
recent events and determine which parts of our public health 
apparatus have worked and which parts need to be enforced. In 
recent weeks, members of the committee led by Vice Chairman 
Burr, the chairman of the Subcommittee on Oversight and 
Investigations, Mr. Greenwood, and the gentlelady from 
Colorado, Ms. DeGette, have visited the CDC. Some found its 
facilities woefully inadequate to do its work. And over the 
past 3 years, the committee has reviewed certain aspects of the 
CDC and found serious gaps in the law, in the resources and the 
programs and the strategy relating to the CDC. With this 
background, we're working to upgrade and to equip the Agency 
much more properly and to make sure that it can assist our 
country in the time of need.
    We're seeking to address critical aspects for our public 
health infrastructure. In light of this, I'm pleased today to 
welcome two witnesses who have spent countless hours in recent 
months helping to safeguard the public from these acts of 
bioterrorism. The Honorable Tommy Thompson, Secretary of the 
Department of Health and Human Services will discuss the 
coordinated response to acts of bioterrorism. His insights into 
what is needed to ensure that our Nation has taken every 
practical step to protect its citizens from bioterror will be 
extraordinarily valuable today.
    As an aside, Mr. Secretary, I want to salute you for your 
foresight and leadership on these matters. You hired a 
bioterrorism advisor early in your tenure. You created a 
bioterrorism committee and a commission before the anthrax 
attacks and you've been ramping up production of the smallpox 
vaccine very rapidly and for all those things, our Nation is 
grateful.
    We're also honored to have before us Dr. Jeffrey Koplan, 
the Director of CDC. Dr. Koplan participated in one of the 
greatest achievements in public health history, the eradication 
of smallpox. Now you're leading one of the largest public 
health investigations of all time and I'm eager to hear your 
thoughts on how the CDC should be strengthened to meet the 21st 
century health threats.
    At present, the committee is working on draft legislation 
in close coordination with the administration and through a 
bipartisan process to improve our Nation's preparedness for 
bioterrorism and other public health emergencies which include 
disease outbreaks and health problems stemming from chemical 
and radiological emergencies.
    The key to doing this effectively is to use existing 
programs and increase their coordination and communication so 
we can get more money out of the States, to those States and 
local governments as quickly as possible. We want to build on 
the President's leadership in the efforts we've already seen. 
We'll continue to urge our Senate colleagues to pass a bill 
that this committee and the House passed overwhelmingly several 
weeks ago which would tighten safety and security controls on 
those deadly potential biological agents and impose stiff 
penalties to those who would break those rules. I'm confident 
this committee will produce a smart, strong, comprehensive 
package, one that increases security of deadly agents at its 
research facilities, strengthens our surveillance of the 
Nation's abundant food supply, enhances drug safety and 
reinforces the protection of our drinking waters. These will be 
sensible measures to address threats we simply cannot ignore.
    I want to thank the witnesses for taking time out of the 
busy schedule to be with us and I look forward hearing your 
testimony and discussing these very vital issues.
    [The prepared statement of Hon. W.J. ``Billy'' Tauzin 
follows:]

 Prepared Statement of Hon. W.J. ``Billy'' Tauzin, Chairman, Committee 
                         on Energy and Commerce

    Today, the Full Committee examines the threat of bioterrorism and 
proposals to combat bioterrorism.
    With the recent anthrax attacks, the specter of bioterrorism became 
a troubling reality, which we need to address vigorously. Prevention, 
preparedness, and response to bioterrorism is a priority, I believe, 
that Congress must critically evaluate. This Committee will take on 
this task this morning.
    Much of our attention will focus on The Centers for Disease Control 
and Prevention (CDC). This preeminent agency in the federal 
government's public health infrastructure provides national leadership 
in illness detection, response and prevention, including what occurs as 
a result of a deliberate release of biological agents. We recently 
witnessed its capabilities at work--detecting and reacting to the 
anthrax outbreaks. And I believe I speak for the vast majority of 
Americans when I say that I am proud and comforted that we created the 
CDC. Lives have been saved in New York, Trenton, Florida, and here in 
our nation's capital because we have invested in its capabilities.
    Now, our ability to improve the response to present and future 
health threats depends upon our ability to look at recent events and 
determine which parts of our public health apparatus have worked and 
which parts need to be reinforced.
    In recent weeks, Members of this Committee--led by the Vice 
Chairman, Mr. Burr, the Chairman of the Subcommittee on Oversight and 
Investigations, Mr. Greenwood, and the gentlelady from Colorado, Mrs. 
DeGette--have visited the CDC. Some found its facilities woefully 
inadequate to do its work. Over the past three years, this Committee 
has also reviewed certain aspects of CDC and found serious gaps in law, 
resources, programs, and strategy relating to the CDC.
    With this background, we are working to upgrade and to equip the 
agency properly to make sure it can assist our country in this time of 
need. We are also seeking to address other critical aspects of our 
public health infrastructure.
    In light of this, I am pleased today to welcome two witnesses who 
have spent countless hours in recent months helping to safeguard the 
public from acts of bioterrorism. The Honorable Tommy Thompson, 
Secretary of Department of the Health and Human Services, will discuss 
the coordinated response to acts of bioterrorism. His insights into 
what is needed to ensure that our nation has taken every practical step 
to protect its citizens from bioterror will be extraordinarily 
valuable.
    As an aside, Mr. Secretary, I must salute you for your foresight 
and leadership on these matters: you hired a bioterrorism advisor early 
in your tenure, you created a bioterrorism commission before the 
anthrax attack, and you've been ramping up production of the smallpox 
vaccine.
    We are also honored to have before us Dr. Jeffrey Koplan, the 
Director of the CDC. Dr. Koplan participated in one of the greatest 
achievements in public health history--the eradication of smallpox. Now 
you are leading one of the largest public health investigations of all 
time. I am eager to hear your thoughts on how the CDC should be 
strengthened to meet 21st century health threats.
    At present, the Committee is working on draft legislation--in close 
coordination with the Administration and through a bipartisan process--
to improve our nation's preparedness for bioterrorism and other public 
health emergencies, which include disease outbreaks and health problems 
stemming from chemical and radiologic emergencies. The key to doing 
this effectively is to use existing programs and increase their 
coordination and communication, so that we can get more money out to 
the States and local governments as quickly as possible. We want to 
build on the President's leadership and the efforts we have already 
seen.
    And we will continue to urge our Senate colleagues to pass a bill 
that this Committee and the House passed overwhelmingly several weeks 
ago, which would tighten safety and security controls on the most 
deadly potential biological agents and impose stiff criminal penalties 
for those who break these new rules.
    I'm confident this Committee will produce a smart, strong, and 
comprehensive legislative package--one that increases the security of 
deadly agents at our research facilities, strengthens our surveillance 
of the nation's abundant food supply, enhances drug safety, and 
reinforces protection of our drinking water. These will be sensible 
measures to address threats we simply cannot ignore.
    I thank our witnesses for taking time out of their very busy 
schedules to be here, and I look forward to hearing your testimony and 
discussing these vital issues.

    Chairman Tauzin. Mr. Dingell is not here. The Chair will 
recognize Mr. Brown for an opening statement.
    Mr. Brown. I thank the chairman for scheduling this hearing 
and especially thank my friends, Dr. Koplan and Secretary 
Thompson for joining us.
    I want to raise, briefly raise in the 3 minutes, a handful 
of issues. First of all, I appreciate the efforts on the CDC on 
antibiotic resistance, the links between antibiotic resistance 
and bioterrorism are clear. We must isolate emerging antibiotic 
resistance pathogens, track antibiotic overuse and misuse and 
monitor the effectiveness of existing treatments over time. I 
hope that the Secretary and that the CDC will work with us to 
address the critical issue of antibiotic resistance before our 
antibiotic stockpile is irreversibly compromised partly because 
of the events of September 11 and the aftermath, partly because 
of other problems we were obviously facing on that.
    Second, I'm pleased the administration has requested 
additional authority to safeguard our food supply as 
conversations we've had in the past, Secretary Thompson. To 
address the safety of food crossing our border, Congressman 
Dingell and I introduced the Imported Foods Safety Act last 
month to provide the FDA with a host of new authorities and 
resources to inspect and detail food entering the United 
States. As you know, budget constraints have reduced the 
inspection--reduced ourselves to the level of inspecting only 1 
percent of food crossing the border and because FDA lacks the 
ability to conduct real time tests for microbial pathogens and 
pesticides, very few shipments are actually tested.
    Enactment of the Dingell-Brown bill would increase overall 
resources, provide more inspectors and bring forward adoption 
of technology to conduct ultra-rapid tests for contamination 
unseen by the human eye.
    Moving to the issue of public health preparedness, I have 
serious concerns about the administration's funding proposal. I 
have enormous respect for the CDC and the work they do for our 
State and our local health departments. We're fortunate that 
Dr. Koplan is at the helm. CDC was strained before September 11 
and as a result since then they've had to shift personnel, 
personnel they really are not able to shift in many ways in 
terms of the work they need to do, key functions to respond to 
anthrax. Before September 11, the administration proposed 
decreasing CDC's funding from the previous year. Having 
personally seen, as the chairman mentioned, and I know Mr. 
Bilirakis has seen also the crumbling CDC facilities, knowing 
the critical responsibility that that very, very important 
agency fulfills, several of us on this committee have expressed 
serious concerns about the administration's commitment to this 
agency. I hope the events of September 11 have taught us how 
important that agency is.
    The most important step we can take in bioterrorism 
preparedness is to stop neglecting CDC as our Government has 
done too often, and stop neglecting State and local public 
health departments that are the agency's partners in protecting 
the Nation's health.
    The last issue, Mr. Chairman, I'd like to raise is the 
Cipro patent. You acknowledged that you had the right to 
temporarily break Bayer's patent under imminent domain 
authority, but argued the Government would face hefty costs if, 
in fact, required to pay whatever price the patent holder 
wanted to charge for a drug. I wanted to bring to your 
attention legislation I've introduced that would address the 
compensation issue and most importantly would preclude endless 
court battles and not necessarily Government spending. My bill 
would give you as the Secretary, compulsory licensing authority 
in the event of a public health emergency which means you could 
issue compulsory licenses to secure generic versions of a brand 
name drug, as long as you followed the regulatory and the 
statutory procedures established to ensure fair compensation 
for the brand name drug company. There are already compulsory 
licensing laws in place for the cable industry, for the air 
pollution industry, for atomic energy and other products and 
services. Unencumbered access to drugs is an essential element 
in our response to bioterrorism. Establishing the statutory and 
regulatory framework now to secure generic drugs on an 
expedited and affordable basis, simply makes sense.
    I'd like to work with you, Mr. Secretary, to ensure that 
the tool of compulsory licensing is available to you which will 
keep us away from the difficulties of another Cipro kind of 
situation.
    Mr. Chairman, I appreciate your holding this hearing. I 
particularly appreciate Secretary Thompson and Dr. Koplan for 
joining us. Thank you.
    [The prepared statement of Hon. Sherrod Brown follows:]

Prepared Statement of Hon. Sherrod Brown, a Representative in Congress 
                         from the State of Ohio

    Mr. Chairman, Thank you for scheduling this hearing on bioterrorism 
preparedness. Secretary Thompson, Dr. Koplan, welcome. It is always a 
pleasure to have each of you here to testify before the Committee.
    Mr. Secretary, in response to the emergent threat of bioterrorism, 
your Department needs greater resources and authority to adequately 
protect the public health.
    During your prior visits here, we have agreed on the need for 
improvements in several areas within your jurisdiction. I look forward 
to continuing discussions with you and the Majority on this committee 
to achieve consensus on these issues.
    To fully prepare for potential bioterrorist attacks, we will have 
to deal with a wide variety of public health issues, including 
vaccinations, food safety, and government stockpiling of vaccines and 
antibiotics.
    In doing so--we must not forget the issue of antibiotic resistance. 
The links between antibiotic resistance and bioterrorism are clear.
    According to the Journal of the American Medical Association 
(JAMA)--during the Cold War--Russian scientists engineered an anthrax 
strain that was resistant to the tetracycline and penicillin.
    We can only assume that anthrax, and other bacterial agents, could 
also be engineered to resist antibiotics--including drugs like Cipro.
    During the last couple of months, thousands of Americans have been 
prescribed the antibiotic Cipro because of a legitimate risk of 
exposure to Anthrax. Physicians tell us this use of antibiotics is 
appropriate.
    But thousands of other Americans have sought prescriptions for 
Cipro without any indication of need or even a risk of infection.
    If the U.S. and the rest of the world begins using drugs like Cipro 
haphazardly, these drugs will eventually lose their effectiveness.
    And when facing lethal diseases like Anthrax, it is important to 
find an effective therapy quickly. Any delay can result in the death of 
a patient--or in the case of a larger exposure--in the deaths of 
thousands of individuals.
    To adequately prepare for a bioterrorist attack, state and local 
health departments must be equipped to rapidly identify and respond to 
antibiotic-resistant strains of anthrax and other lethal agents.
    We must isolate emerging antibiotic resistance pathogens, track 
antibiotic overuse and misuse, and monitor the effectiveness of 
existing treatments over time.
    I hope you will work with me to address the critical issue of 
antibiotic resistance before our antibiotic stockpile is irreversibly 
compromised.
    I'm pleased the Administration has requested additional authority 
to safeguard our food supply.
    The recent attacks on the United States have aroused concern that 
food could be used as a weapon of bioterrorism.
    Yet, the authorities and tools used to prevent, identify, and 
intercept tainted shipments at our borders are not up to the job.
    To address the safety of the food crossing our border, Congressman 
Dingell and I introduced the ``Imported Food Safety Act'' last month to 
provide the Food and Drug Administration with a host of new authorities 
and resources to inspect and detain food entering the United States.
    Budget constraints allow FDA to inspect less than 1% of all 
imported food shipments.
    And because FDA lacks the ability to conduct real time tests for 
microbial pathogens and pesticides--very few shipments are tested for 
these adulterants.
    Enactment of the Dingell/Brown bill would increase overall 
resources, provide more inspectors, and require adoption of technology 
to conduct ultra rapid tests for contamination unseen by the human eye.
    Moving to the issue of public health preparedness, I have serious 
concerns about the Administration's funding proposal.
    I have enormous respect for CDC and the work they do for our state 
and local public health departments.
    We are fortunate to have Dr. Koplan at the helm of CDC as we face 
this unprecedented situation. CDC was strained before Sept. 11--the 
agency doesn't have surplus staff waiting in the wings in the event of 
a bioterrorist attack--and as a result they've had to shift personnel 
from other key functions to respond to the anthrax attacks.
    If I have any concerns, it is that CDC has not had more say in the 
nation's response to this and future bioterrorist threats. I've had 
credible sources tell me that CDC was not the first, or even the second 
agency called in when anthrax was first detected. That worries me.
    Before September 11, the Administration proposed decreasing CDC's 
funding from the previous year. Having seen the crumbling CDC 
facilities and knowing the critical responsibilities CDC fulfills, 
several of us on this committee expressed serious concerns about the 
Administration's commitment to this agency and its public health 
mission.
    Now, when the demands on CDC and its partners, the state and local 
public health departments, have never been greater, the Administration 
is not willing to provide enough resources to respond to a public 
health crisis in even one state, much less 50.
    Frankly, I don't understand it.
    People and infrastructure are paramount to bioterrorism 
preparedness. You can stockpile antibiotics and vaccines, but without 
people on the ground to quickly identify and respond to threats, you 
aren't prepared. That's what CDC, in conjunction with state and local 
health departments, does.
    CDC is the only agency that has infrastructure in all 50 states. 
They have a relationship with state health departments and they train 
these public health workers so they are prepared to respond at a 
moments notice.
    The most important step we can take in bioterrorism preparedness is 
to stop neglecting CDC and the state and local public health 
departments that are the agencies partners in protecting the nation's 
health.
    Mr. Secretary, In the dispute over the Cipro patent, you 
acknowledged that you had the right to temporarily break Bayer's patent 
under ``eminent domain'' authority, but argued that the government 
could face hefty costs if required to pay whatever price the patent 
owner wanted to charge for a drug. I wanted to bring to your attention 
legislation I have since introduced that would address the compensation 
issue, precluding endless court battles and unnecessary government 
spending.
    My bill would give you compulsory licensing authority in the event 
of a public health emergency, which means you could issue compulsory 
licenses to secure generic versions of a brand-name drug, as long as 
you follow statutory and regulatory procedures established to ensure 
fair compensation for the brand-name drug company.
    There are already compulsory licensing laws in place for the cable 
industry, air pollution prevention devices, atomic energy, and other 
products and services.
    The spread of anthrax has already taken a significant toll on the 
nation's sense of security. Unencumbered access to drugs is an 
essential element in our response to bioterrorism. Establishing the 
statutory and regulatory framework now to secure generic drugs on an 
expedited and affordable basis simply makes sense.
    Taking that step now will help ensure that the priority of doing 
what's best for the public is not subsumed by cost concerns, red tape, 
or legal haggling.
    I'd like to work with you to ensure you have this tool compulsory 
licensing tool available to you before another ``Cipro situation'' 
arises.
    Again, I appreciate your willingness to join us this morning, and 
look forward to your testimony.

    Chairman Tauzin. I thank the gentleman and I thank the 
gentleman for his, and Mr. Dingell's, and the rest of the 
members' extraordinary work with us as we attempt to fashion a 
bipartisan package. The Chair is pleased to now welcome and 
recognize for an opening statement, the chairman of the 
committee's Health Subcommittee, the gentleman from Florida, 
Mr. Bilirakis.
    Mr. Bilirakis. Thank you, Mr. Chairman. I have a more 
lengthy statement that I would submit for the record and in the 
interest of time----
    Chairman Tauzin. Let me make the unanimous consent that all 
members have the ability to introduce their written statements 
as part of the official record and without objection, it is so 
ordered.
    Mr. Bilirakis. I would also like to thank you, Mr. 
Chairman, for holding this very important hearing. Bioterrorism 
is an issue that our subcommittee has been examining for 
several years now, but never as know, has the issue been as 
timely as it is now. The world has changed dramatically and 
it's imperative that we respond and prepare appropriately and 
that's why we're all pleased that the Secretary and the 
Director are here, along with Dr. Henderson. Mr. Chairman, you 
said it, this has been a bipartisan effort from the beginning. 
The staffs have been working in a bipartisan manner and I'm not 
really sure how we're going to come out in the final analysis, 
but the fact of the matter is we have not tried to steamroll a 
piece of legislation through this committee. Thank you very 
much, Mr. Chairman.
    [The prepared statement of Hon. Michael Bilirakis follows:]

   Prepared Statement of Hon. Michael Bilirakis, a Representative in 
                 Congress from the State of California

    Mr. Chairman, thank you, for holding this important hearing today 
on the threat of bioterrorism. Bioterrorism is an issue the Health 
Subcommittee has been examining for several years now, but never has 
the issue been as timely as it is now. The world has changed 
dramatically since September 11th and it is imperative that we respond 
and prepare appropriately. That is why I am so pleased that Secretary 
Thompson and CDC Director Koplan have taken the time to testify before 
the Committee on these important issues.
    On September 11th, America was brought into a war against 
terrorism. I share the concerns of many Americans who are worried about 
bioterrorism, including anthrax exposure and outbreaks of smallpox. 
Bioterrorist threats have become real, and we must ensure that this 
nation is ready to respond quickly and successfully in the event of 
future bioterrorist attacks.
    The Department of Health and Human Services, under Secretary 
Thompson, is our national coordinator of public health surveillance and 
protection while the Centers for Disease Control and Prevention (CDC) 
are directly responsible for the nation's public health. Fortunately, 
the CDC has been researching and planning responses to bioterrorism.
    The CDC has established a Bioterrorism Program to ensure the rapid 
development of federal, state and local capacity to address potential 
bioterrorism threats. Security, communication, and infrastructure are 
all important components of the CDC that need to be evaluated. I 
believe it is important to ensure that the CDC is prepared for all 
possible future public health emergencies.
    Response to a bioterrorist attack will require rapid deployment of 
public health resources. Public health threats come in many forms. We 
can not know when or how a public health threat could occur and we must 
be prepared to combat biological agents in every form. A vital part of 
protecting the American population is guaranteeing a safe food and 
water supply and water supply.
    Today we will hear from the Secretary Thompson and Dr. Koplan 
regarding the roles of CDC and other government agencies in combating 
bioterrorism. These agencies, working closely with Congress, must make 
certain that our public health infrastructure can detect disease 
outbreaks and other possible threats. We must realize that this is a 
long-term investment in our nation's public health that will require a 
long term commitment by Congress and the federal government. The Health 
Subcommittee will continue to look into bioterrorism and our national 
response in the next year and the coming sessions as we make this firm 
commitment to our public's health.
    This is a time for the nation to unite. I personally thank and 
honor those who are on the front lines fighting this war, domestic and 
abroad. Again, thank you Mr. Chairman for holding this important 
hearing and thanks again to Secretary Thompson and Director Koplan for 
sharing their insights with us today.

    Chairman Tauzin. I thank the gentleman. Further requests 
for opening statements? When Mr. Dingell arrives, he's 
entitled, obviously, to preference. The Chair will recognize 
the gentleman, Mr. Waxman. Under our rules, members may give a 
3-minute opening statement at this point.
    Mr. Waxman.
    Mr. Waxman. Thank you very much, Mr. Chairman. While we're 
all very concerned of bioterrorism, this is not the first time 
that our public health has seen a crisis. We saw the 
Legionnaire's Disease, Toxic Shock Syndrome and most obviously, 
we face the AIDS epidemic. It is not the first time as well 
that experts have come to us and said that our public health 
system is in disrepair. We've had warnings and reports from the 
National Academy of Sciences, the Institute of Medicine for a 
decade now. We should have been able to learn the lesson from 
the previous disasters that we cannot short change our health 
care system. The most obvious lesson was in the 1980's, we were 
suddenly faced with the AIDS epidemic, so we require the 
Centers for Disease Control to take people away from the work 
they were doing to work on AIDS and now that we have to respond 
to an anthrax threat, we're taking people away from working on 
AIDS and other public health measures, to work on anthrax.
    Now when we look at energy issues in this committee, we 
plan for surge capacity so that power systems can deal with 
unexpectedly high demands. We should learn some lessons to 
apply for the CDC and the public health. We can't budget for 
some sort of theoretical normalcy, that's not how the public 
health works. It's not a predictable assembly line. We should 
build in surge capacity for bioterrorism, epidemics and new 
problems.
    I would emphasize that we need to focus our spending on 
systems and people, not just things. It's important to 
stockpile vaccines and drugs, but that's not enough. We need 
on-going epidemiology and disease surveillance. We need 
communication systems that work. We need better labs and more 
lab workers. We need people who can train and work with health 
professionals during a crisis.
    I'm concerned that the budget that we got from this 
administration is insufficient to meet these needs. It relies 
on moving CDC and public health professionals from job to job, 
the same musical chairs that we saw with CDC when they had to 
cope with AIDS 20 years ago. It also provides a drop in the 
bucket for spending on public health systems and people and 
spends largely on things. It is as if the administration were 
building lots of fire stations and buying some fire trucks, but 
not hiring fire fighters or installing alarm systems.
    Now let me add, this is not an issue of being unable to 
afford all the things we need to do to protect the public 
health. What we have is a conscious decision that we ought to 
use our money for tax cuts, especially for the wealthy, 
especially for corporations, rather than have money available 
to do the kinds of things that will protect all of the American 
people when we have a public health emergency. It's the 
clearest example of penny wise and pound foolish that I can 
imagine. We can do better. We should learn from our previous 
health problems and we shouldn't short change these efforts.
    [The prepared statement of Hon. Henry A. Waxman follows:]

    Prepared Statement of Hon. Henry A. Waxman, a Representative in 
                 Congress from the State of California

    While the threat of bioterrorism cannot be overstated, this is not 
our first public health crisis. We have had Legionnaire's Disease and 
Toxic Shock Syndrome and earthquakes and hurricanes. Most obviously, we 
have had--and still have--the AIDS epidemic.
    It is also not the first time that experts have told us that our 
public health system is in disrepair. We have had warnings and reports 
from the National Academy of Sciences and the Institute of Medicine for 
a decade now.
    We should be able to learn lessons from these disasters to help us 
respond now.
    The most obvious lesson is that we cannot shortchange the Centers 
for Disease Control and public health agencies. During the Eighties, 
CDC was so short of staff that it had to pull its professionals off of 
their ongoing work to devote themselves to the emerging AIDS epidemic. 
Just last month, CDC again had to pull its staff off of their other 
work (this time including AIDS) so that they could respond to anthrax 
and other threats.
    When it works on energy issues, this Committee has learned that we 
have to plan for ``surge capacity'' so that power systems can deal with 
unexpectedly high demands. We should learn the same lesson for CDC and 
public health. We cannot budget these programs for some sort of 
theoretical ``normalcy.'' That's not how public health works; it's not 
a predictable assembly line. We should build in ``surge capacity'' for 
bioterrorism, epidemics, and new problems. Only with new FTE's and 
contingency funds can we be prepared.
    I would emphasize that we need to focus our spending on systems and 
people, not just things. It's important to stockpile vaccines and 
drugs, but it's not enough. We need ongoing epidemiology and disease 
surveillance. We need communications systems that work. We need better 
labs and more lab workers. We need people who can train and work with 
health professionals during a crisis.
    I'm concerned that the budget from the Administration is 
insufficient to meet these needs. It relies on moving CDC and public 
health professionals from job to job--the same musical chairs that CDC 
had to cope with twenty years ago. It provides a drop in the bucket for 
spending on public health systems and people and spends largely on 
things. It is as if the Administration were building lots of fire 
stations and buying some fire trucks, but not hiring fire fighters or 
installing alarm systems.
    And it is not a question of what we can afford to do for public 
health. The Administration has consciously decided to spend its money 
on tax cuts--tax cuts that benefit the wealthiest and corporations--and 
not to spend the funding on public health preparedness.
    This is the clearest example of penny-wise and pound-foolish that I 
can imagine. We can do better. We should learn from our previous public 
health problems. Now we know what to do, and we should not shortchange 
the efforts.

    Chairman Tauzin. The gentleman's time has expired. The 
Chair asks are there requests for additional opening 
statements? The gentleman from Michigan, Mr. Upton, is 
recognized for an opening statement.
    Mr. Upton. Thank you Mr. Chairman. The anthrax attacks have 
brought home to each of us how important it is that we do all 
that we can to be prepared to respond quickly and effectively 
to bioterrorism. What was perhaps an abstract concern has now 
become very, very real. I wanted to share some good news from 
Michigan that I received this morning. We were granted a 
weapons of mass destruction civil support team by the 
Department of Defense. We're battling two fronts as we all 
know, one a world away in Afghanistan and the other one at 
home. It's a huge task to adequately protect our people, 
infrastructure, and we're grateful for that help.
    The anthrax attacks have thrown the spotlight not only upon 
the vital role of the CDC, but also on the enormous challenges 
that the FDA must take on and meet in combatting bioterrorism. 
It has to be prepared to expedite the development, approval and 
production of bioterrorism vaccines, drug therapies and 
diagnostic tests to give us the weapons that we need to fight 
new strains of anthrax, smallpox, ebola and anything else.
    We must also step up to the plate with regard to 
inspections of imports, whether of drugs and devices or 
imported foods. By rights, the Commissioner of the FDA ought to 
be at that table as well, but sadly, the FDA has gone into 
battle without a general at its head and I'm deeply concerned 
and I would urge the administration to quickly make that a top 
priority to help us.
    I yield back.
    [The prepared statement of Hon. Fred Upton follows:]

  Prepared Statement of Hon. Fred Upton, a Representative in Congress 
                       from the State of Michigan

    Mr. Chairman, thank you for convening today's hearing to continue 
our committee's examination of bioterrorism and proposals to combat it. 
I am pleased that Secretary Thompson and Dr. Koplan, the Director of 
the CDC are here to give us an overview of their activities. The 
anthrax attacks have brought home to each of us how important it is 
that we do all that we can to be prepared to respond quickly and 
effectively to bioterrorism. What was perhaps an abstract concern has 
become very, very real.
    First, I just want to share some very good news for Michigan that I 
received this morning. We are being granted a Weapons of Mass 
Destruction Civil Support Team by the U.S. Department of Defense. We're 
battling on two fronts right now--one a world away in Afghanistan, the 
other right here at home. It's a huge task to adequately protect our 
people and infrastructure, and we are grateful for this help.
    The anthrax attacks have thrown the spotlight not only upon the 
vital role of the CDC, but also on the enormous challenges that the FDA 
must take on and meet in combating bioterrorism. It must be prepared to 
expedite the development, approval and production of bioterrorism 
vaccines, drug therapies, and diagnostic tests to give us the weapons 
we may need to fight new strains of anthrax, smallpox, Ebola, and other 
agents of infection. The FDA must review and give approval to every 
drug, therapeutic, vaccine and anti-toxin that is to be administered to 
our population. It must work proactively with the NIH, the CDC, and the 
pharmaceutical and medical device community from the outset. It must 
significantly step up its inspections of imports, whether of drugs and 
devices or of imported foods, plugging the gaps and holes in our 
dangerously porous borders that could so easily be exploited by 
terrorists.
    By rights, the Commissioner of the FDA should be flanking Secretary 
Thompson today, too. But we don't have a Commissioner. The FDA is going 
into battle without a general at its head, and I am deeply concerned 
about that. I want to stress in the strongest possible terms to 
Secretary Thompson and the Administration the need to act swiftly to 
nominate a new Commissioner who is well-prepared to lead the FDA into 
battle.
    In the short time I have this morning, I would also like to 
highlight the vital role that telehealth networks can play. As chairman 
of the Telecommunications and the Internet, I have seen firsthand the 
potential of telehealth systems. We need to coordinate existing 
networks and link them with the CDC, the NIH, the FDA and other 
agencies joined in our war against bioterrorism. Such coordinated 
networks could be used for timely disease surveillance and reporting, 
for the rapid diagnosis of symptoms that could signal a bioterrorist 
attack, for training health care professionals and first responders 
even in the very rural areas of our country in the diagnosis and 
treatment of anthrax, smallpox, and other deadly diseases, and for 
linking the victims of attacks and those caring for them with the 
sophisticated information and treatment available at major medical 
centers.
    That is why I was very disturbed to learn, Secretary Thompson, that 
the Department of Health and Human Services has plans to eliminate the 
Office for the Advancement of Telehealth and transfer its functions to 
the HIV/AIDS Bureau. The Office is currently the focal point for 
telehealth activities across federal agencies. It was instrumental in 
the formation of the Joint Working Group on Telemedicine, for which it 
provides both leadership and staffing. Rather than eliminating the 
Office, which should consider charging it with taking the lead in 
coordinating the telehealth networks currently in place and helping 
them become effective partners on the frontlines across America in our 
war on bioterrorism. Secretary Thompson, I hope you will give me a 
commitment today to strengthen the role of this Office and deep six the 
proposal to eliminate it.
    Secretary Thompson, I look forward today to exploring these issues 
further with you.

    Chairman Tauzin. I thank the gentleman. Are there further 
requests for opening statements? The gentleman from 
Massachusetts, Mr. Markey, is recognized.
    Mr. Markey. Thank you, Mr. Chairman, very much and we thank 
our guests for coming here today. My concern in my very brief 
opening statement is on the question of what happens if the 
terrorists make a successful attack at a nuclear power facility 
in the United States. Obviously, there would be a very large 
release of radioactive iodine into the atmosphere. There would 
be a population which would be at greatest risk that live 
within the first 5 to 10 miles, but of course, it could go out 
further, but especially within those near in closer areas. And 
depending upon which way the wind was blowing, the radioactive 
plume would carry that radioactivity toward tens of thousands 
of Americans.
    Now thus far the Nuclear Regulatory Commission has refused 
to order the stockpiling of potassium iodide within the 
communities that would be most likely affected across the 
United States. It seems to me that this is a decision that 
should not be made by Nuclear Regulatory Commission. It should 
be made instead by the health officials which are going to have 
responsibility for dealing with the consequences of a potential 
health disaster. And it seems to me that since it only costs 
between 3 to 5 cents to have a potassium iodide pill available, 
at least in the schools that are within the vicinity of a 
nuclear power plant, which is how they do it in other 
countries, that it's a relatively inexpensive way of 
stockpiling the needed antidote to the very great danger that 
would be created and thus far the Nuclear Regulatory Commission 
has refused to do it.
    Now I believe that the Nuclear Regulatory Commission has 
been negligent in refusing to mandate that precaution. It can 
be stockpiled again, in schools. Children are the most 
vulnerable population. Adults are not as much and in the course 
of my questioning, Mr. Chairman, I am going to ask that our 
experts, our health care experts here enlist in the effort to 
put that kind of precaution in place. I thank you for holding 
the hearing.
    [The prepared statement of Hon. Edward J. Markey follows:]

   Prepared Statement of Hon. Edward J. Markey, a Representative in 
                Congress from the State of Massachusetts

    Mr. Chairman, good morning and thank you for holding this important 
and timely hearing on bioterrorism. I join you and my colleagues in 
welcoming Secretary Thompson and Director Koplan and I thank them for 
being here today.
    In 1998 Ashton Carter, John Deutch and Philip Zelikow spoke of the 
impending threat of terrorists using weapons of mass destruction in a 
Foreign Affairs magazine article called ``Catastrophic Terrorism''. The 
article opens with the following prescient and chilling description:
        ``If the device that exploded in 1993 under the World Trade 
        Center had been nuclear, or had effectively dispersed a deadly 
        pathogen, the resulting horror and chaos would have exceeded 
        our ability to describe it. Such an act of catastrophic 
        terrorism would be a watershed event in American history. It 
        could involve loss of life and property unprecedented in 
        peacetime and undermine America's fundamental sense of 
        security, as did the Soviet atomic bomb test in 1949. Like 
        Pearl Harbor, this event would divide our past and future into 
        a before and after. The United States might respond with 
        draconian measures, scaling back civil liberties, allowing 
        wider surveillance of citizens, detention of suspects, and use 
        of deadly force. More violence could follow, either further 
        terrorist attacks or U.S. counterattacks. Belatedly, Americans 
        would judge their leaders negligent for not addressing 
        terrorism more urgently.''
    September 11th and the subsequent Anthrax crisis have served as the 
sonic boom of wake up calls that no one can ignore. Much as our nation 
is using its military superiority to wage a war against Osama Bin Laden 
in Afghanistan, we must rely upon our healthcare superiority to wage a 
public health war against bioterrorism.
    This war must include protecting dangerous bioagents from falling 
into enemy hands. In 1996 I introduced the ``Biological Weapons Control 
Act of 1996'' with former Representative John Kasich, and Senator 
Hatch. The bill imposed requirements for the transfer of select agents 
and was later signed into law as part of the Anti-terrorism and 
Effective Death Penalty Act of 1996. If we had not passed this law, we 
would be largely in the dark with respect to who possesses which 
bioagents in this country. Last month the House took one more step in 
the battle against bioterrorism by voting to expand the 1996 law to 
require that all select agents be registered.
    While there is no doubt that the United States has the resources 
and capability to wage this war, in its current form, the public health 
system is ill-prepared.
    It is my hope that the Administration will agree to significantly 
increase emergency funding to the CDC so that a strong force can be 
deployed to combat bioterrorism . We will need the well prepared health 
care ground troops pre-positioned by improving hospital ``surge'' 
capacity in the event of a bioterrorist attack or epidemic. We must 
create the best command control center. This means providing the 
resources necessary to upgrade States' preparedness, improve public 
health laboratories and heighten disease surveillance and response and 
communication between state, local and federal officials. And finally, 
we need to provide the most sophisticated defensive weapons by 
expanding our current stockpiles and encouraging the development of new 
treatments.
    And while the focus on stockpiling lately has been largely on 
Cipro, and smallpox vaccines we cannot be negligent in addressing other 
obvious and necessary protective measures.
    For example, we are guilty of gross negligence for failure to 
stockpile potassium iodide--the Cipro of Nuclear Exposure in localities 
surrounding nuclear power plants. Potassium iodide is a cheap and 
effective protection against the cancer-causing effects of radioactive 
iodine on the thyroid gland. In the event of a terrorist attack on a 
nuclear power plant, cancer-causing radioactive iodine could be 
released into the surrounding area. In an urban setting it may take 
hours to escape the area. During Hurricane Floyd, it took some drivers 
8 hours to go 35 miles. Yet the radioactive plume can travel much 
faster if the weather conditions permit.
    In light of over 20 years of government inaction, I have introduced 
a bill to require the stockpiling of Potassium Iodide within the 
vicinity of all nuclear plants, HR 3279. Additionally, I thank you, Mr. 
Chairman for agreeing to work with me to address my concerns in the 
Commerce Bioterrorism Bill.
    In closing, we've heard the clarion call to arms--we can't waste 
time we must address our ailing public health system. We must act 
responsibly lest we be judged negligent.

    Chairman Tauzin. I thank my friend. The Chair again reminds 
all members that their written statements are part of the 
record and would now ask if there are further requests for 
time. The gentleman from Florida, Mr. Stearns, is recognized 
for 3 minutes.
    Mr. Stearns. Mr. Chairman, thank you again for holding this 
hearing. I thank as a member on the Oversight Subcommittee, 
Chairman Greenwood, who ably conducted hearings on October 10 
and November 1, in this area and I'm pleased we'll hear from 
one of the architects, chief architect of the Federal effort of 
striking back at bioterrorism, of course, which is Honorable 
Secretary Thompson.
    One of the questions I think all of us are concerned about 
is should the public health system and the public safety and 
intelligence community share a uniform approach to planning 
against bioterrorism? Is that being done? If not, why? As we 
know, all us Members of Congress, how bureaucracies work. 
Sometimes there's no communication between them. I think that's 
perhaps a key that Honorable Thompson will address, and should 
CDC place greater emphasis on developing the front end of the 
public health system to ensure the creation of a robust ability 
to both detect and assess suspected bioterrorism incidents. And 
last, how can the CDC best coordinate with State and local 
health departments in an effort to assure that they have 
completed adequate bioterrorism preparedness plants.
    So Mr. Chairman, I commend you for opening these hearings. 
This is a sobering high alert time and I think it's very 
important to get the Secretary's insights and the witnesses', 
and I yield back the balance of my time.
    Chairman Tauzin. I thank my friend. I would like to 
announce also for the benefit of our audience that Chairman 
Greenwood had scheduled a bioterrorism hearing on September 11, 
ironically, and we had to postpone it and held that hearing 
just last week instead, but again, I do commend the chairman 
for his comments and his good work.
    Are there further requests for opening statements? The 
gentleman from New York, Mr. Towns, is recognized for 3 
minutes.
    Mr. Towns. Thank you very much, Mr. Chairman. The events of 
September 11 and the recent anthrax attacks have brought home 
just how real the threat of bioterrorism can be. While we all 
feel the need to take action, I would caution my colleagues to 
remember that old adage, act in haste, repeat at your leisure. 
For example, we're all concerned about the availability of 
vaccines for smallpox, but should we risk the public health by 
taking shortcuts in vaccine production which could create 
serious side effects for hundreds of thousands of Americans and 
ultimately not protect against the disease?
    We have a public health system in this country which varies 
greatly in terms of its sophistication and its ability to 
access the most up to date information about bioterrorist 
threat. Currently, only 13 States are connected to all of their 
local health jurisdictions. How do we ensure that the other 37 
States have the same communication links? How do we ensure that 
our rural communities are as prepared as our urban areas to 
deal with the bioterrorism threat? On that note, Mr. Chairman, 
I yield back.
    [The prepared statement of Hon. Edolphus Towns follows:]

Prepared Statement of Hon. Ed Towns, a Representative in Congress from 
                         the State of New York

    Mr. Chairman, I am pleased that this committee will indeed have an 
opportunity to review the important issue of bioterrorism before we 
adjourn this session.
    The events of September 11th and the recent anthrax attacks against 
the media and members of this body have brought home just how real the 
threat of bioterrorism can be. While we all feel the need to take 
action, Mr. Chairman, I would caution my colleagues to remember that 
old adage: ``Act in haste repent at your leisure''.
    For example, we are all concerned about the availability of 
vaccines for smallpox. But should we risk the public health by taking 
shortcuts in vaccine production which could create serious side effects 
for hundreds of thousands for Americans and ultimately not protect 
against the disease?
    Within the approaching holiday season, we have concerns about the 
security of our food supply. But are country-of-origin labeling 
requirements practical and, more importantly, will they make our food 
any safer?
    And finally, Mr. Chairman, we have a public health system in this 
country which varies greatly in terms of its sophistication and its 
ability to access the most up-to-date information about a bioterrorist 
threat. Currently, only 13 states are connected to all of their local 
health jurisdictions. How do we ensure that the other 37 have the same 
communication links? How do we ensure that our rural communities are as 
prepared as our urban areas to deal with a bioterrorism threat?
    These are concerns which must be addressed responsibly and not in a 
hasty fashion just so that we can claim ``we did something'' before 
Congress adjourns. This is one area, Mr. Chairman, where we may not 
have the ability to leisurely repent our earlier decisions. I look 
forward to hearing the testimony from our witnesses.

    Chairman Tauzin. I thank my friend for his statement. Are 
there further requests for opening statements on this side? The 
vice chairman of the committee, Mr. Burr.
    Mr. Burr. Thank you, Mr. Chairman.
    Chairman Tauzin. I'm sorry, the gentleman from California, 
Mr. Cox, is signalling and is recognized for 3 minutes for an 
opening statement.
    Mr. Cox. I thank you. In fact, I thought Mr. Greenwood was 
going to ask for time which is the only reason I yielded. I 
want to thank you, Mr. Chairman for----
    Chairman Tauzin. Would the gentleman yield a second--Mr. 
Greenwood is here. I think the committee ought to take great 
pride in the subcommittee's work, Mr. Greenwood performed this 
week, this last week, on the issue of charitable aid to the 
victims of the catastrophe in New York and Washington and 
Pennsylvania. As you know, the Red Cross just yesterday 
announced it was reversing its course and directing the money. 
Mr. Greenwood, a great job, sir.
    There are lots of folks who will claim some credit for 
that, including Mr. Bill O'Reilly on his show who did a great 
deal to expose the problem early, but Mr. Greenwood and his 
subcommittee did a great job, I think, in helping to educate 
the Red Cross on the voices that we were hearing from America. 
And I think the Red Cross is to be commended for correcting 
that course and for dedicating itself to putting that money now 
to the victims of the families of New York and Washington and 
Pennsylvania.
    Again, thank you, Mr. Greenwood. Mr. Cox is recognized for 
3 minutes.
    Mr. Cox. Thank you, Mr. Chairman, again, thank you for 
holding this hearing on bioterrorism and I want to welcome 
Secretary Thompson, add my welcome to those of my colleagues. I 
know all of us on the committee appreciate the time that you're 
taking away from your other responsibilities to testify before 
us this morning. I would personally like to thank you as well 
as Deputy Assistant Secretary Claude Allan and Dr. Donald 
Henderson for meeting with the House Policy Committee to 
discuss this exact topic over the last month.
    This committee has dedicated itself for several years to 
improving the resources and programs of the National Institutes 
of Health, the Centers for Disease Control and the Food and 
Drug Administration. Now we are taking additional steps to 
improve the Nation's ability to respond and more importantly 
prevent public health emergencies instigated by terrorists' 
attacks. In the process of drafting the legislation that this 
committee is currently considering, it's become clear that our 
Nation's biomedical researchers and scientists are being 
hindered by laws already on the books that constrain them from 
developing products that could treat, detect and prevent 
bioterrorist attacks. Some of these impediments are as simple 
as our failure to make the R&D tax credit permanent, as a 
result of which America's biomedical research has been 
conducted in an atmosphere of uncertainty, financial 
uncertainty.
    The Food and Drug Administration still takes too long to 
approve lifesaving products, although efforts have been and are 
being made to improve and streamline the approval process and 
our increasingly dysfunctional lawsuit system which imposes 
exorbitant and easily avoidable costs on our health care 
consumers and providers alike, has particularly deleterious 
effects on the development and marketing of vaccines.
    I know, Mr. Secretary, that you have been a leading 
advocate of reform in all of these areas and I would 
particularly like to commend you, the President and the rest of 
the Bush Administration for your leadership at this time. Mr. 
Chairman, I yield back.
    Chairman Tauzin. I thank the gentleman for his statement. 
Are there further requests on this side? Mr. Pallone from New 
Jersey is recognized.
    Mr. Pallone. Thank you, Mr. Chairman. On September 28, the 
General Accounting Office published a report requested by 
Senators Kennedy and Frist which stated that, in fact, our 
health departments are ill-equipped, we are vulnerable to 
bioterrorism and that our response to bioterrorism is poorly 
coordinated and under funded on the Federal, State and local 
level.
    Mr. Chairman, I have to say I was disappointed in the 
Federal Government's response to the chain of anthrax events. 
The information that was presented about medications and doses 
were inconsistent and in general, fear and confusion about the 
power and limitations of anthrax were instilled in an already 
panicked nation. For the future, our efforts need to focus on 
preparing for similar threats, as well as more severe threats 
of diseases that are highly contagious and deadly such as 
smallpox.
    Mr. Chairman, bioterrorism is not a partisan issue, but I 
did want to mention that our Democratic caucus has spent a lot 
of time since September 11 focusing on this issue. Last week, 
the Democratic Health Care Task Force invited Janet Heinrich 
and her team from the GAO, the comment on their report which, 
as I said, cited bioterrorism and vulnerability. And this 
presentation was very helpful in understanding the current gaps 
in our public health infrastructure. Several proposals were 
brought up during this meeting, namely H.R. 3255, 
Representative Bob Menendez' bioterrorism bill which has been 
introduced on behalf of the House Democratic Caucus and H.R. 
3219, Representative Jane Harman's bill to fund the CDC 
renovations. And the team from the GAO agreed that these 
proposals would certainly be a good starting point for 
improving our bioterrorism response and Mr. Secretary, I'm not 
trying to be partisan in saying this, but I really believe that 
and I know that you have looked at these proposals and I really 
would commend them to you because I think that having taken 
them out on the road and talked at Town Forums about them, they 
really seem to be a good basis for dealing with the issue.
    The first bill, the Menendez bill, H.R. 3255, proposes a 
$3.5 billion package for public health preparedness, the 
majority of which would be directed toward State and local 
governments. Ms. Harman's bill, H.R. 3219, would provide $1.5 
billion over the next 5 years for CDC renovation and this would 
help speed up completion of the CDC's master building plan.
    With regard to the CDC, I just wanted to mention, of the 
$3.8 billion, fiscal year 2001 CDC budget, only $181 million 
was devoted to bioterrorism, of which only $67 million went to 
State and local governments. This year, $1.6 billion has been 
proposed in the emergency supplemental. However, only a small 
portion of that amount, $175 million would go to State and 
local governments and we all know the importance of public 
health on the State and local level and much more needs to be 
done in terms of funding.
    I'm just asking you, Mr. Secretary, if you would take these 
two bills that I've just mentioned into serious consideration. 
I'm getting a lot of feedback back from locals about what needs 
to be done and I think the House Democrats, without being 
partisan, really spent a lot of time getting feedback from 
State and local governments and that these are the types of 
things that are trying to be addressed in these two bills and I 
hope that we can work together on a bipartisan basis to improve 
our public health system as timely as possible, because this 
is--the issue we're discussing today is the key issue that I 
hear about in the District and at home. This is the thing that 
most people care about as their priority right now.
    Thank you, Mr. Chairman.
    [The prepared statement of Hon. Frank Pallone, Jr. 
follows:]

  Prepared Statement of Hon. Frank Pallone, Jr., a Representative in 
                 Congress from the State of New Jersey

    Chairman Tauzin, Chairman Bilirakis, thank you for holding this 
important hearing on proposals to combat bioterrorism.
    As we saw just a month ago from the unfortunate anthrax incidents 
on Capitol Hill and throughout the nation, the need for better 
communication in response to bioterrorism threats is extremely 
compelling. Immediate collaboration among federal, state and local 
government and their medical communities; public health officials; 
emergency management; and law enforcement is crucial.
    When the terrorist attacks against the World Trade Center and 
Pentagon took place on September 11th, shortly thereafter concerns 
about biological or chemical warfare were voiced. The nation was given 
the impression by Secretary Thompson that the United States was fully 
prepared to combat terrorism and that there was no need for panic. On 
September 28th, the General Accounting Office (GAO) published a report 
requested by Senators Kennedy and Frist, which stated that in fact, our 
health departments are ill-equipped, we are vulnerable to bioterrorism 
and that our response to bioterrorism is poorly coordinated and under-
funded on the federal, state and local level.
    As a result of this ill-preparedness, the response to anthrax found 
in Senator Daschles office, and the chain of anthrax events that 
followed, was decentralized, uncoordinated, and quite frankly, 
confusing. The CDC unfortunately lacked leadership in presenting 
information to the public and to key health departments. The 
information that was presented about medications and doses were 
inconsistent, and in general, fear and confusion about both the power 
and limitations of anthrax were instilled in an already panicked 
nation. It is unfortunate that 4 deaths were the result, but it is 
important to keep in mind that this was anthrax, a substance that is 
not contagious. Obviously our efforts need to focus on preparing for 
future similar threats, as well as more severe threats of diseases that 
are highly contagious and deadly, such as small pox.
    We as a Committee and we as a Congress, want to help to improve 
this current situation of bioterrorism unpreparedness. Far greater 
challenges are headed our way, and it is our responsibility and 
aspiration to provide what you need to ensure the publics safety.
    Last week, the Health Care Task Force invited Janet Heinrich and 
her team from the GAO to present to us on the report, which cited 
bioterrorism vulnerability. This presentation was very helpful in 
understanding the current gaps in our public health infrastructure. 
Several proposals were brought up during this meeting, namely HR 3255: 
Rep. Bob Menendezs bioterrorism bill introduced on behalf of the House 
Homeland Security Task Force, and HR 3219: Rep. Jane Harmans bill to 
fund CDC renovation. Our team from the GAO agreed that these proposals 
would certainly be good starting points for improving our bioterrorism 
response.
    HR 3255, the Bioterrorism Preparedness Act of 2001, proposes a $3.5 
billion package for public health preparedness, the majority of which 
will be directed toward state and local governments. The main 
highlights of the bill that address public health infrastructure and 
response to bioterrorism are: 1) improving community emergency response 
capacity and preparedness, 2) ensuring an adequate supply of vaccines 
and treatments for all Americans, 3) enhancing community planning and 
intergovernmental coordination and 4) enhancing surveillance, improving 
communications and strengthening technology infrastructure. I feel that 
this bill provides an excellent starting point for ensuring a strong 
and organized response to bioterrorism.
    In addition, several of my colleagues recently visited the CDC 
campus and came back to report to Members that a substantial investment 
in our public health system and CDC bioterrorism-related programs is 
badly needed. The CDC is responsible for our national pharmaceutical 
stockpile, our health alert network, our public health training 
network, and many infectious disease labs. Of the $3.8 billion FY 2001 
CDC budget, only $181 million was devoted to bioterrorism, of which, 
only $67 million went to state and local governments. This year, $1.6 
billion has been proposed in the Emergency Supplemental, however, only 
a small portion of that amount, $175 million would go to state and 
local governments. We all know the importance of public health on the 
state and local level and much more needs to be done in terms of 
funding.
    One of the most striking comments made by my colleagues regarding 
their visit to the CDC, was that the buildings and facilities were 
badly in need of renovation. My colleague, Rep. Jane Harman, has 
introduced a bill, HR 3219, that would provide $1.5 billion over the 
next five years for CDC renovation. This will help speed up completion 
of the CDCs master building plan, which is crucial at this time when 
the CDC must have the ability to carry out vast communications and 
maintain a high level of security.
    Thank you, Secretary Thompson and Director Koplan, for coming 
before our Committee to address this important issue of response to 
bioterrorism. I hope that you will take these two bills that I have 
just mentioned into consideration and I hope that we can work together 
to improve our public health system as timely a fashion as possible.
    Thank you.

    Chairman Tauzin. I thank the gentleman. Further requests 
for opening statements? The gentleman from North Carolina, the 
vice chairman of the committee, Mr. Burr.
    Mr. Burr. Thank you, Mr. Chairman. Let me take this 
opportunity to welcome Secretary Thompson and Dr. Koplan. We've 
tried to put this slate together several times and if it hadn't 
been us that's messed it up, it's been the President, but we 
excuse him for last week.
    Mr. Chairman, let me reiterate something that you said and 
that's that, in a bipartisan way, the committee staff has 
worked aggressively for the last week or longer to address the 
bioterrorism bill that I think members on both sides of the 
aisle agree that we need to do. It will focus on two specific 
areas, but not limited to those two, a rebuilding of our public 
health infrastructure in America that I think all of us agree 
needs to be done to respond successfully to any threat that we 
might see in any community. And second, to accelerate the 
facility upgrade of our CDC facilities which will be really the 
nucleus of our ability to understand what's happening and what 
we should do. Mr. Linder from Georgia, has worked aggressively 
with the CDC. He, along with Ms. Harman, has introduced that 
bill and it is the plans of this committee to incorporate that 
acceleration in our bioterrorism bill where we would accelerate 
a 10 year plan, Jeff, to a 5 year plan, and hopefully find 
appropriators to go along with us. It is my hope that it won't 
be too long before we have an opportunity to produce out of 
this committee a bipartisan piece of legislation on 
bioterrorism and I look forward to that.
    Mr. Chairman, I yield back.
    Chairman Tauzin. I thank the gentleman. Further requests 
for time? The gentleman from Michigan, Mr. Dingell, is 
recognized for 5 minutes.
    Mr. Dingell. Mr. Chairman, I thank you. Mr. Secretary 
Thompson and Director Koplan, thank you, for being here and 
welcome. I particularly want to discuss proposals to address 
possible acts of bioterrorism directed against our citizens. I 
believe there are serious deficiencies in our public health 
systems, inadequacy of budget and equipment at CDC, major 
shortfalls in the capability of Food and Drug to address its 
problems, antiquated facilities at CDC, and indeed, an overall 
shortage in the ability of our hospitals and local units of 
Government to respond to the serious challenges that can come 
from these kinds of events.
    We know how to fix our public health system. We know 
increased funding is required, as well as improved Federal 
direction and coordination. I believe it is now a simple and 
direct question of political will, given greater urgency 
because of recent and unfortunate terrorist events. We need 
money for training, more nurses, more laboratory staff, for 
developing new vaccines and antibiotics, for developing 
stockpiles of pharmaceuticals and other medical supplies. We 
need more money for public hospitals and community health 
centers and we do need leadership from the Federal Government.
    Second, the administration should be able to address and 
fix the problems in the initial response to anthrax attacks. I 
have attached to my statements for inclusion in the record, a 
copy of the November 10 National Journal article entitled 
``Contagious Confusion'' which discusses many of the lessons 
learned. Legislation can help in some respects, but ultimately 
the Secretary and the administration will have to be the ones 
who ensure that Federal response improves and that State and 
local authorities have the tools and the support that they 
desperately need to do better; and I would note that in 
discussions with my local officials, they find a massive 
problem in term of inadequate Federal support for local 
undertakings which are, after all, the front line of defense in 
matters of this sort.
    Third, there is a greater recognition that our general 
level of preparedness is not adequate. For example, our food 
safety system is not prepared to prevent international and 
intentional adulteration from occurring, particularly with 
imported food. We have neither the manpower at the borders, nor 
the technology, to detect adulteration, intentional and 
otherwise, or to direct it to proper hands so that it may be 
scrutinized and the dangers detected.
    When food arrives at U.S. ports of entry, there are an 
inadequate number of people and inadequate inspection awaiting 
it. It can come wherever the sender wishes it to go and there's 
no way of channelling it into proper and necessary inquiries 
into the safety of foods and other imported commodities of that 
character. Even when imported food is sampled and tests are 
conducted, it takes overlong. It takes days or weeks for labs 
to process the tests. By that time, the food is long gone and 
people have been significantly at risk for significant period 
of time.
    We in Congress must give Secretary Thompson the tools and 
resources he needs to properly address the threat and he must 
face up to the fact that he has great needs and speak honestly 
of those needs to this Congress. And the administration must 
not shy away from seeking what is needed to take the necessary 
steps.
    Mr. Secretary and Director Koplan, thank you for being here 
and I look forward to your testimony and I thank you, Mr. 
Chairman.
    I yield back the balance of my time.
    [The prepared statement of Hon. John D. Dingell follows:]

    Prepared Statement of Hon. John D. Dingell, a Representative in 
                  Congress from the State of Michigan

    I welcome Secretary Thompson and CDC Director Koplan to this 
Committee, particularly to discuss proposals to address possible acts 
of bioterrorism directed against our citizens. We all know there are 
serious deficiencies--in our public health system, in our initial 
responses to the anthrax mail attacks, and in our general level of 
preparedness. Our task now is to discuss them objectively and 
constructively, and to craft solutions. This Committee has been engaged 
in such an effort over the last two weeks, and although no agreement 
has been reached, I commend the Chairman for undertaking this task. 
Many other efforts in the Congress and the Administration are underway, 
and the collective efforts should ultimately bear fruit.
    First, we know how to fix our public health system. We know that 
increased funding is required, as well as improved federal direction 
and coordination. Now it is a simple and direct question of political 
will, given greater urgency because of recent terrorist events. We need 
money for training, for more nurses and laboratory staff, for 
developing new vaccines and antibiotics, and for developing stockpiles 
of pharmaceu-ticals and other medical supplies. We need money for 
public hospitals and community health centers. And we need leadership 
from the Federal Government.
    Second, the Administration should be able to address and fix the 
problems in the initial response to the anthrax attacks. I have 
attached to my statement, for inclusion into the record, a November 10 
National Journal article ``Contagious Confusion,'' which discusses many 
of the lessons learned. Legislation can help in some respects, but 
ultimately the Secretary and the Administration must work to ensure 
that the Federal response improves, and that the state and local 
authorities have the tools and support they need to do better. We must 
have a clear, timely, and medically credible response at the Federal 
level.
    Third, there is greater recognition that our general level of 
preparedness is not adequate. For example, our food safety system is 
not prepared to prevent intentional adulteration from occurring, 
particularly with imported food. We have neither the manpower at the 
borders nor the technology to detect adulteration, intentional or 
otherwise, of food when it arrives at U.S. ports of entry. Even when 
imported food is sampled and tests are conducted, it takes days or 
weeks for labs to process the tests--and the food is long gone. We in 
Congress must give Secretary Thompson the tools and resources he needs 
to properly address this threat, and the Administration must not shy 
away from seeking what is needed.
    I thank Secretary Thompson and Director Koplan for being here, and 
I look forward to their testimony.
                                 ______
                                 

                [Friday, Nov. 9, 2001--National Journal]

                          Contagious Confusion

         By Sydney J. Freedberg Jr. and Marilyn Werber Serafini

    In a way that the far bloodier September 11 attacks did not, the 
anthrax assault has required unprecedented collaboration: among law 
enforcement, emergency management, and public health officials; among 
federal, state, and local government; and between government at all 
levels and the medical community. If the attacks-by-mail did America 
any kind of favor, it was to highlight how many weak links there are in 
the chains that bind these agencies to each other in a crisis--links 
that must be strengthened before a far heavier blow breaks them apart 
completely.
    Consider Clifford Ong, Indiana's new statewide counter-terrorism 
coordinator, appointed two weeks into the crisis as the Hoosier version 
of national Homeland Security chief Tom Ridge. Ong's office, intended 
to be the state's central clearinghouse for anthrax information, first 
learned about Indiana's most serious anthrax scare, not through 
official channels, but from the media. Although about 600 miles from 
any confirmed case of anthrax, Indianapolis happens to have one of the 
only two facilities nationwide that repair and recycle post office 
sorting machines--including a tainted printer from Trenton, N.J. State 
authorities did not even know the repair plant was there until a 
subcontractor called asking for advice about how to handle machinery 
possibly exposed to anthrax. The state then tested for anthrax at the 
repair plant, and the report came back negative. Ong relaxed. But he 
didn't know that the main contractor at the plant had asked the U.S. 
Postal Service to come and do its own test. This second test, performed 
by an out-of-state lab, came back positive. Suddenly, there was anthrax 
in Indiana, and yet state authorities weren't told. Reporters in 
Washington were. Ong had to field the frantic calls.
    ``Our problem isn't locally,'' said Ong, who has long worked with 
the local U.S. district attorney and the FBI field office. ``Washington 
seems to respond within the Beltway to national media without any 
concern that we have local media . . . It puts us in somewhat of a 
defensive position.''
    This snafu--just one of many--shows how vital information can fall 
into the cracks between organizations, into blind spots where fear can 
flourish like mold inside a wall. Considering that just four people 
died of anthrax in one month, the average American was far more likely 
to be struck by lightning, which kills 80 to 100 people every year, 
than to contract the disease. The point is that anthrax is not 
contagious--but fear is. ``The medical problem was actually pretty 
small,'' said Jack Harrald, the director of the Institute for Crisis, 
Disaster, and Risk Management at George Washington University in 
Washington. ``The terror problem, in terms of managing people's fear, 
was pretty huge--and not very well managed.''
    The failure of government, medicine, and media to respond to fears 
and ignorance about anthrax with real understanding led to millions of 
dollars in losses--to businesses that had to find substitute mail 
carriers or evacuate their workplaces for testing, as well as to local 
governments that had to respond to every emergency anthrax scare. In 
Los Angeles, where hazardous-materials responses increased 300 percent 
in mid-October, ``we received a call from an employee at a doughnut 
shop that there's a white, powdery substance on the floor,'' said 
Deputy Chief Darrell Higuchi, of the Los Angeles County Fire 
Department. The shop, of course, sold doughnuts with powdered sugar. 
``Yet,'' said Higuchi, ``you feel for the callers, because they are 
scared.''
    Fear thrives on ignorance. But there is no effective, 
authoritative, nationwide system to communicate information about 
bioterror. Nor is there a single national spokesperson for the public's 
health. Indeed, some have criticized the Bush Administration for 
failing to designate someone as the voice of the anthrax crisis, even 
acknowledging White House reluctance to call on Surgeon General David 
Satcher, a leftover Clinton Administration appointee. Instead, 
information has moved through dozens of parallel and poorly coordinated 
channels of communication: The Centers for Disease Control and 
Prevention talks to state health officers, the FBI to local sheriffs, 
the Federal Emergency Management Agency to disaster officials, medical 
associations to their members. But when people in different fields, 
such as police and physicians, must work together, or when there simply 
is no state or local counterpart to a federal agency, the channels are 
less clear--as Ong found out in dealing with the Postal Service. The 
system simply isn't set up to share information.
    In fact, civil liberties laws often forbid necessary communication. 
Said Lawrence Gostin, the director of the Center for Law and the 
Public's Health, a joint project of Georgetown University and Johns 
Hopkins University: ``The law thwarts vital information-sharing 
vertically from federal to state, and horizontally between law 
enforcement, emergency management, and public health.''
    The biggest gap is between government and the medical community. A 
CDC alert on bioterrorism, sent to state health officials just after 
September 11, had still not reached many local emergency rooms a week 
later. And the crucial linchpins between doctors and officials--local 
public health offices--are notoriously overworked and short of funds. 
As many as one in five public health offices do not even have e-mail, 
said Sen. Bill Frist, R-Tenn., a physician. Many localities still 
collect epidemiological data on disease outbreaks only by asking 
doctors to send postcards through the mail--hardly an ideal approach in 
any fast-moving outbreak, let alone one that strikes at the postal 
system.
    Anthrax has finally kick-started efforts to revive public health 
systems, after decades of neglect. In North Carolina, for example, the 
Legislature is about to allocate millions of dollars to replace 
reporting by postcard with high-speed, highly secure electronic links. 
Ultimately, the network will connect not only local officials, but also 
every hospital, pharmacy, and doctor's office in the state.
    New funding and new networks are essential first steps. But in a 
country where almost all health care is provided by the private 
sector--indeed, where most critical terrorist targets, from Internet 
servers to nuclear plants to sports arenas, are privately owned--
defense against terrorism probably cannot be achieved by a new agency, 
a new program, or a new technology. True ``homeland security,'' most 
experts say, will require an overarching system that links not just 
every level and agency of government, but also the private sector, 
nonprofit groups, and the general public. Computers and the Internet 
will be vital in helping to set up this new national network, but it 
will be the intangible connections between people working together in a 
common cause that will really make the new system work.

The Broken Linchpin
    If it sometimes seems as if the world has turned upside down since 
September 11, that's because it has. Terrorism has upset the 
traditional pyramid of who protects Whom. No longer do the Pentagon's 
armed troops bear the brunt of foreign blows. Whether the danger comes 
from airliners-as-bombs or from anthrax envelopes, local firefighters, 
medics, and police respond long before Washington can act. But even the 
local emergency teams come second to the scene. In a terrorist attack, 
the first responder is the ordinary citizen--the airline passenger who 
decides to rush the hijackers, the mailroom clerk who notices a 
suspicious package, or anyone who wonders whether these flu-like 
symptoms they're feeling might be anthrax. It is their decisions, 
prudent or paranoid, that trigger the government response. Said Peter 
Probst, a former Pentagon and CIA official, ``The first line of defense 
is an educated, engaged public.''
    That word, ``educated,'' signals where things start breaking down. 
Even those officials who should be best equipped to inform have 
stumbled over their own statements, and each other's--and that includes 
Surgeon General Satcher and Health and Human Services Secretary Tommy 
G. Thompson.
    ``You've got Satcher saying one thing, Tommy Thompson saying 
another, and the CDC saying a third,'' fumed one local official who 
spoke with National Journal. One day the word is to put everyone on 
Cipro, the next day not, the third day it's another antibiotic 
altogether. ``There isn't a consistent message.''
    With that confusion at the top, many officials, never mind ordinary 
citizens, admit turning to the news media as their first source of 
knowledge. But as reporters themselves grope in the dark for 
information, and constantly face the pressure for round-the-clock, up-
to-the-minute coverage, they may magnify inconclusive clues, or even 
outright rumors, into major scare stories. There was so much 
misinformation about anthrax early on, said one congressional staffer 
well versed in bioterror, ``the first few days, I was kicking the 
television a lot.''
    Many confused citizens dialed 911, just to be sure. Far more fell 
back on the second line of defense: their doctors. Physicians are still 
trusted more than most other professionals. And even though only a 
handful of American doctors have ever seen a case of inhalation anthrax 
(the last U.S. case was in 1978), most rushed to learn what they could. 
Until recently, medical education on bioweapons has been minimal. But 
after September 11, well before the first anthrax case in Florida, 
sensitivity to terror of all kinds was so high that the major medical 
associations quickly rallied to upload data to their Web sites and 
downlink teleconferences to their members.
    That information probably saved lives. Had Florida photo editor Bob 
Stevens died in August, said Randall Larsen, director of the Anser 
Institute for Homeland Security, a consulting group in Northern 
Virginia, ``it's highly unlikely he would have been diagnosed as dying 
with anthrax, because they weren't looking for it.'' Before September 
11, when authorities sent anthrax samples to four medical laboratories 
as a test of their bioterrorism alertness, three of the labs just threw 
the samples out, mistaking the anthrax bacteria for contamination on 
the slides.
    In another test, out of a roomful of doctors at Johns Hopkins 
medical center, just one recognized an X-ray of a strange chest 
inflammation as characteristic of anthrax. Even after the September 11 
attacks, HHS Secretary Thompson initially suggested that Stevens's 
death was due to a freak natural cause. But doctors were on high enough 
alert by then to spot the symptoms.
    Although the professional medical associations could deluge their 
members with basic references on anthrax, they lacked the quick 
communications systems to collect and broadcast up-to-date data on the 
ever-changing outbreak. In fact, since most associations serve only a 
single medical specialty--and even the mighty American Medical 
Association serves fewer than half of all doctors--they could not even 
help share information among different types of doctors in a given 
community.
    The painstaking, county-by-county collation of data gathered from 
individual physicians has always fallen to local public health 
offices--the traditional American defensive line against disease. But 
emergency officials, medical associations, and independent experts 
alike all agree that the public health infrastructure has long been, to 
quote one congressional staffer, ``the forgotten stepchild.'' These 
local offices are perpetually short on funds, technology, and--above 
all--personnel. They are burdened with laws written to guard against 
19th-century scourges such as syphilis and tuberculosis, and few of 
these laws even require doctors to report outbreaks of likely 
bioweapons such as anthrax, much less the subtler indications of 
spreading disease.
    ``Suppose there's a run on anti-diarrhea medication. How would we 
know that? If there are a lot of absences from school or work, how 
would we know that?'' said Georgetown University's Gostin. ``We need a 
public health agency to be able to get information from the private 
sector.''
    New York City, considered a national model, does keep hourly tabs 
on such things as sales of the anti-diarrheal Kaopectate. Los Angeles 
hospitals are linked by computer to share diagnosis data. But most 
areas lack such sophisticated ``disease surveillance'' systems, even in 
states that have really tried. Virginia, for example, connects its 
local health offices across the state by computer, said George 
Foresman, a Virginia emergency management official, but the state's 
effort to bring private practices into the network stalled because ``we 
just had not been able to secure the funding.''
    The problems are not only fiscal. Even with a $1.4 million federal 
grant, Michigan found the private sector deeply reluctant to share 
information. ``We've asked pharmacies if we could monitor what 
antibiotics are going out,'' said Dr. Sandro Cinti, of the University 
of Michigan medical center, ``but they didn't want to give away that 
information.''
    In the absence of even such imperfect electronic systems, most 
public health officials collect data the old-fashioned way: slowly. In 
some places, doctors' offices fill out and mail in forms to health 
agencies; in other places, they call in, and local officials must 
laboriously enter the information by hand, and then in turn mail 
another piece of paper to the state health office. Conversely, when 
Illinois authorities, who have invested heavily in linking public 
health offices to local hospitals, wanted to send every physician in 
the state advice on anthrax, they had to take the licensing board's 
master list of addresses and mail every one of them a letter. There was 
no comprehensive e-mail or electronic system.
    ``The information-gathering and decision-making loop isn't fast 
enough,'' said Clark Staten, the executive director of the Emergency 
Response & Research Institute in Chicago. ``The bad guys can move 
faster than the good guys--at the present time.'' And during that lag, 
fear can spread, and people can die.

More Than Medical
    Even in a better-than-average flu season, doctors may run out of 
vaccine and hospitals out of beds. In some cities last year, said Sen. 
Edward Kennedy, D-Mass., ``they had sick patients that couldn't even be 
treated in the emergency rooms--they were out in cars.''
    Any major natural disease outbreak overtaxes American medicine. But 
biological terrorism takes the complexity an octave higher. Each 
scattering of spores is obviously a public health problem. But it is 
also evidence of a crime--and of a hazardous material in the 
environment. Anthrax not only requires close ``vertical'' cooperation 
among federal, state, local, and private medical organizations, it also 
cuts horizontally across functional lines. Ordinary disease can be 
dropped neatly into an organizational box marked ``medical.'' 
Bioterrorism requires out-of-the-box cooperation among public health 
professionals, private doctors, law enforcement agencies, firefighters, 
emergency management systems, and even foreign intelligence agencies.
    This kind of jurisdiction-crossing is so alien to American 
government that it is often outright illegal. If the Central 
Intelligence Agency had somehow found out beforehand about the anthrax-
laced letter addressed to Senate Majority Leader Thomas A. Daschle, for 
example, it may not have been allowed to warn health officials until 
after it was sent, according to James Hodge, the project director of 
the Center for Law and Public's Health. To protect civil liberties, 
said Hodge, ``there's a firewall between intelligence agencies and 
public health.''
    Even when there's no legal obstacle to collaboration, many of the 
various agencies lack the experience, the contacts, or the procedures 
to work together. Both the U.S. Postal Inspection Service and the 
Centers for Disease Control are trying to track the anthrax letters to 
their source. The two agencies share information, but they don't share 
people: Instead of combining forces, detectives and doctors are on two 
separate teams following different methods to reach the same goal.
    Sometimes, the lack of coordination could have even worse 
consequences. ``When I was the health commissioner of New York, I had 
no clue who was the head of the FBI office, and he had no clue who I 
was,'' said Margaret Hamburg, who went on to become HHS's top bioterror 
official under President Clinton. ``The last thing they want to be 
doing is exchanging business cards in the middle of a crisis.'' Yet, 
that is just what often happened with the anthrax scare.
    In the District of Columbia, for instance, where traditional 
federal-local complications compounded all the other problems, the 
initial confusion and inconsistencies in testing and treatment for 
Capitol Hill staff versus postal workers boiled over into racially 
tinged fury. One community forum turned, unfairly, into a pillorying of 
D.C. public health chief Ivan Walks. Soon Dr. Walks and Mayor Anthony 
Williams were holding joint press conferences with Postal Service 
officials and the CDC. But those relationships had to be set up on the 
spot--and the public health office still does not have a full-time 
representative in the District's interagency Emergency Operations 
Center.
    D.C.'s problem is not uncommon. ``We somehow managed to leave the 
public health system . . . outside the emergency system,'' said 
Harrald, at D.C.'s George Washington University. Emergency managers, 
firefighters, and police have largely overcome past problems of 
coordination by planning and training together before disasters, and by 
jointly staffing command posts during times of crisis. Such a combined 
system cranked into action in New York City on September 11. ``The 
federal government had thousands of people moving in the right 
direction 20 minutes after the second tower was hit,'' Harrald said. 
``We know how to do this. That's the good news.''
    The bad news is that, in most places, no one told public health 
officials the good news. In D.C., ``it took a long time before the 
emergency room at [George Washington University] hospital and the 
emergency room at Children's Hospital and the attending physician of 
the Capitol and the CDC had the same picture of what they were dealing 
with,'' Harrald said. ``I'm not throwing stones at individuals. The 
problem is that we didn't set the systems up before the event.''

The American Answer
    In the first month of anthrax attacks, the country's system of 
defenses against bioterror often seemed to be no system at all, only 
chaos. Fortunately, reality is more nuanced, and more heartening, than 
that. True, there is no one coherent national system. But there are 
systems--all partial, all imperfect, but needing mainly to be 
strengthened and brought into an overarching structure. Senate Health, 
Education, Labor, and Pensions Committee Chairman Kennedy and panel 
member Frist last year co-sponsored the Public Health Threats and 
Emergencies Act of 2000, which authorized $540 million a year to 
strengthen the public health infrastructure and to better recognize and 
respond to bioterrorism attacks. Congress has not yet funded the new 
law, but already the two Senators have upped their request to $1.4 
billion a year.
    The final sum needed for homeland security will surely be much 
higher. But ``we're not going to create a whole new Department of 
Defense,'' with a $350 billion budget and staff of 3 million, said 
David McIntyre of the Anser Institute. ``We're going to play with the 
chips that are on the table.''
    ``The pieces are there,'' said Frist. The task is taking the pieces 
that exist--federal, state, local, and private--``and coordinating them 
in a seamless way. It can be done.'' In Frist's own field, transplant 
surgery, moving precious organs quickly across the country and then 
ensuring that patients' bodies do not reject the new tissue require 
far-flung hospitals and diverse disciplines to work closely together--
and they do it, every day.
    High on Capitol Hill's agenda is a massive reinvestment in the 
nation's long-neglected public health system. Top priority is a secure, 
high-speed electronic data-link for doctors and public health officials 
who are now scrawling disease reports on postcards. The CDC already has 
an electronic Epidemic Information Exchange system to share outbreak 
alerts among federal, state, and local public health officials, as well 
as the military. And long before September 11, the CDC had given all 50 
states seed money to start work on a National Electronic Disease 
Surveillance System to link all 2,000-plus local health offices around 
the country. This network could automatically and swiftly share, for 
example, the results of a crucial diagnostic test. Ultimately, it could 
also tap into hospitals and even private practices. But for now, the 
surveillance network does not actually exist. A bare-bones ``base 
system'' is scheduled to begin in 20 states in 2002. That seemed plenty 
fast--before September 11. Now, lawmakers are likely to hit the gas.
    But strengthening public health is only half the battle, because 
public health officials will still get their information from the 
private sector. The real challenge is to track--from every hospital, 
every doctor's office, and every pharmacy around the country--the 
telltale upticks in certain symptoms, or prescriptions, that although 
seemingly innocuous in isolation, could signal an impending crisis. It 
is a daunting task.
    Yet it is also mostly done already. Insurance companies routinely 
require doctors to code each diagnosis and report it electronically for 
reimbursement, keeping electronic tabs on everything from 
pharmaceutical sales to major surgeries. The Health Insurance 
Portability and Accountability Act of 1996 (HIPAA) made such reporting 
systems mandatory nationwide, though a significant 43 percent of 
doctors are not yet hooked up. In its patient-privacy rules, the act 
also has a little-known exception that requires doctors to share data 
on threats to public health.
    Medical information companies are already on the Hill touting 
software solutions. A properly designed system could tap into the 
existing streams of data, strip off names and other individual 
identifiers, and crunch the numbers into trends. To be sure, such an 
early-warning system might well find false patterns. An upsurge in 
sales of certain drugs might indicate an outbreak of disease, or it 
could simply reflect effective advertising. Conversely, the system 
might miss a real outbreak if doctors consistently misdiagnosed as flu 
the ambiguous early symptoms of, say, anthrax--the reason why D.C.'s 
Walks is currently working on a system that codes not just final 
diagnoses but actual symptoms as well.
    Still, the most sophisticated computer is only a tool. The most 
important linkages are among people. And in small ways, that linking 
process has already begun, too. Tom Ridge has held teleconferences with 
all 50 state governors. Local officials and medical associations are 
reaching out to one another, often through e-mail. And a FEMA program 
called ``Project Impact'' gives local governments grants and training 
to bring together different agencies, businesses, and community groups 
for disaster planning. Mayor Susan Savage of tornado-prone Tulsa, 
Okla., says that Project Impact simply but systematically asks, ``What 
does the private sector bring to the table that can complement public 
resources?'' On September 11, for example, when 800 airline passengers 
were stranded at the Tulsa airport, the city mobilized everything from 
public buses for transportation to local preachers for counseling, 
pulling resources freely from the public, private, and nonprofit 
sectors.
    Officials, legislators, and experts increasingly agree that such 
bottom-up approaches are the model for homeland security. Imposing a 
single national system from the top down is not only impractical, it is 
probably unwise. What makes more sense is a ``network of networks,'' an 
overarching system that lets each local government or private group 
tailor its approach to its own unique needs--within the overall 
framework.
    A prototype nationwide network of networks has actually already 
been built. Unfortunately, it was promptly taken apart soon after. Late 
in 1999, when the public and private sectors alike were fretting that 
their computers might crash once the year hit ``00,'' then-Secretary of 
State Madeleine K. Albright visited the national Y2K crisis center and 
exclaimed, ``You could really run the world from here.''
    Like a terrorist, the Y2K bug threatened to strike unpredictably at 
any target: federal, state, local, or, in the vast majority of cases, 
private. Imposing a topdown structure to address the potential threat 
was impossible, recalled John Koskinen, Clinton's Y2K coordinator: 
``You need to build off existing structures, and not create new ones.'' 
So Koskinen pulled together existing networks--government agencies, 
corporations, trade associations, and industry groups--in a loose but 
comprehensive confederation that reached into every threatened sector, 
with himself as the lead spokesman.
    ``The year-2000 preparations were a pretty good dress rehearsal'' 
for the kind of coordination required since September 11, said David 
Vaughan, a Texas public health official. JoAnne Moreau, the emergency 
preparedness director of Baton Rouge, La., agreed: ``We developed 
relationships with agencies and companies and factions that we never 
knew would have some kind of role.''
    The lesson that Y2K holds for homeland defense is that the federal 
government cannot, need not, and probably should not, do everything. Of 
course, without strong guidance from Washington, the thousands of 
private and local government responses could create an irrational 
tangle, like an ill-tended garden. The federal role is to fertilize the 
growth and, when necessary, prune it back. ``There are 1,800 separate 
legal jurisdictions in the United States, and the American people and 
the Constitution like it that way,'' said David Siegrist of the Potomac 
Institute for Policy Studies think tank. ``The federal government needs 
to offer incentives . . . and set standards.''
    In a shadow war with an amorphous foe, America can prevail only by 
empowering individuals and small groups to innovate--because it is 
they, and not any federal official, who will be on the front lines. 
Thirty years ago, noted McIntyre, if a child showed up at school beaten 
black and blue, teachers might think, ``Tough parents,'' and move on. 
Today, they would report the possible abuse--and thereby set various 
responses in motion. A public similarly well-educated to watch for 
something genuinely wrong in their world would go a long way, not just 
toward calming panic, but toward stopping terrorists before they 
strike.
    ``We don't want to be people who watch each other. We want to be 
people who watch out for each other,'' said McIntyre. ``It's the 
distinction between a controlled society and a civil society. A civil 
society requires citizens. And in good times, maybe we forgot that.''
    We have certainly been reminded now.

    Chairman Tauzin. The gentleman yields back the balance of 
his time. Mr. Whitfield? Dr. Ganske, 5 minutes for an opening 
statement.
    Mr. Ganske. I thank you. I thank the chairman for calling 
this hearing and I thank the Secretary for coming. I'm sure 
that the Secretary, after all the additional study he's done on 
microbiology should probably be awarded a master's or a Ph.D. 
at the end of his tenure as Secretary.
    I hope that this committee is able to come together on a 
bipartisan agreement on a bioterrorism bill, Mr. Tauzin and Mr. 
Dingell. I hope they're able to do that. To date, we haven't 
seen an agreement. For the past month, I have been, you might 
say in consultation with Senator Bill Frist, a physician in the 
Senate, on the bill that he and Senator Kennedy have been 
working on and have come to an agreement on in a bipartisan 
way. In fact, I talked to Senator Grassley just a day or so ago 
and he informed me that he thought that would be 
noncontroversial and most likely we will see a nearly unanimous 
vote in the Senate on that bill.
    I've also had extensive discussions with Senator Chuck 
Hagel on the food provisions in that bill which I think are 
excellent. It is my intent to introduce that bill in a 
bipartisan manner, either today or tomorrow. I do not feel that 
the level of funding in the Senate bill is excessive, 
considering the things that we need to do for the CDC, for 
animal disease labs, for vaccines, and for supplies of drugs.
    As a physician, I've been interested in this issue for a 
long time. I'm happy to have worked with Congressman Brown on 
issues related to antibiotic resistance. I've had some personal 
experience with some serious infectious diseases, such as the 
so-called flesh-eating infection, necrotizing faceitis. I've 
also had personal experience with a very serious food infection 
that became a case of encephalitis a few years ago when I was 
on a surgical mission.
    We recently got a phone call from a constituent because we 
had sent her a letter in response to an inquiry. She phoned 
back irate that we were potentially contaminating her household 
with anthrax in sending her a letter from Washington. This is 
really on a lot of people's minds. The bill that I will 
introduce deals with a lot of things, but one of the things 
that I think is a good item in the Frist-Kennedy bill is the 
issue of block grants to States because it is clear that 
whereas we need to do many things on the Federal level, the 
States are in a lot of trouble financially. Secretary Thompson 
knows that and they are frequently bound by balancing budget 
amendments to their State constitutions. They need some 
additional financial help to deal with the public health 
aspects of this bioterrorist threat. I think that is one of the 
advantages of the Kennedy-Frist, Frist-Kennedy bill which I 
will be introducing. There are other aspects of that bill 
particularly on food safety, and the threat to agriculture that 
we need to address further than what we have done in Congress. 
The economical blow to our agricultural sector from the 
introduction of bioterrorist agent such as hoof and mouth 
disease would be absolutely devastating.
    So I am hopeful that this committee can come to a 
bipartisan agreement, but if not, we will have an alternative 
in the form of a companion bill to the Senate bill and I yield 
back.
    Chairman Tauzin. The gentleman's time has expired. Mr. 
Deutsch.
    Mr. Deutsch. Thank you, Mr. Chairman, and thank you, Mr. 
Secretary for being here this morning.
    Mr. Secretary, I know you have spent a great deal of time 
and effort in terms of trying to have the smallpox vaccine 
available in our stockpile in a number sufficient for all 
Americans, and I'm very pleased that Mr. Henderson is here 
today and actually, obviously, very pleased that you brought 
him on board as part of your team.
    This is really the first opportunity since September 11 
that I have and this committee, even though we have 
jurisdiction over CDC, to really talk to you specifically about 
smallpox. And I would tell you that from my own perspective, 
there is no more important issue that you can do as Secretary 
than to get the vaccines available for Americans on the shelf. 
And the reason why I'm taking the time in terms of the opening 
statement is in this setting, which I have mentioned, is the 
first hearing that we have had in over 2 months, specifically 
on--or the opportunity to ask questions on smallpox. I only 
have 5 minutes in that setting and hopefully, either in your 
statement or in dialog we've had in other settings, to talk 
about it, but i guess, I know that you're absolutely doing the 
most you can possibly do. You're working the hardest. Your 
intentions are the same intentions, but still we're more than 2 
months down the road and we don't have a contract. We don't 
have a specific plan to put smallpox vaccines on the shelf, in 
our stockpile and I think Mr. Henderson, probably as much as 
anyone in the world can talk about the disaster that would 
occur if there was literally one case of smallpox that was 
found int he United States of America. And unfortunately, it's 
sort of the more you know, the more you don't want to know 
situation and I think by this point you know far more than you 
want to know, but what we all are aware is how even though 
there are only two official stockpiles of smallpox in the 
world, it is very clear that there is probably much more 
smallpox that had been developed and was available for 
terrorists in the world.
    Three years ago, as you are well aware, less than 3 years 
ago, was the last time we had inspectors in Iraq and by the 
public domain information it appears very convincing that Iraq 
had smallpox at that time. The same thing which we are well 
aware that in the 1990's when the Soviet Union basically 
disintegrated, it was not just one location where they were 
developing smallpox, they were developing it in many locations 
and just so that people are aware, to take smallpox and I'm not 
an expert and Mr. Henderson really is the--Dr. Henderson is 
really the world expert on this, but we're really talking about 
a vial which could have kept a smallpox in a freeze-dried 
state, could have been sent, just one vial. We're not talking 
about a nuclear power plant. We're not talking about a reactor. 
We're not talking about a plutonium facility. We're talking 
about a vial and a vial potentially with one person could have 
the destructive capability of ten hydrogen bombs. And I guess I 
have a concern that as significant as all of our acknowledge 
that that is the potential. The intensity and I know you're 
doing as much as you possibly can do, but what I really have 
had sought and asked for and really in the setting today is 
really what more can we do, because the downside exposure of 
smallpox is so severe that it's almost as if anything we can do 
to get vaccine on the shelf is critical and I--at the opening 
in terms of questions, I look forward to that and again I 
appreciate your being here.
    Chairman Tauzin. I thank the gentleman for his statement. 
Further requests for opening statements? The gentleman from 
Georgia, Mr. Norwood is recognized.
    Mr. Norwood. Thank you, Mr. Chairman, I'll accept your 
unanimous consent request for 1 minute out of respect for the 
Secretary's time. Welcome, Mr. Secretary, we're glad you're 
here.
    Last week, I had the privilege of joining the President and 
Secretary Thompson on the trip down to CDC. You don't have to 
spend time there to realize the importance of their work to 
national security. My Georgia colleagues, John Lender and Saxby 
Chambliss recognize, as well. I'm happily a co-sponsor of their 
bill, as is Ms. Harman and I sincerely hope this committee 
accepts their work to make certain CDC has the appropriate 
authorizations to accomplish their very important mission and I 
hope we will work that into this committee's bioterrorism bill.
    I also briefly want to commend your attention to Mr. 
Thornberry's bill. It's very simple. In an emergency, frankly, 
the difference between a for profit and a nonprofit hospital is 
basically irrelevant and access to Federal funds in an 
emergency should not be limited in my view, just to nonprofit 
hospitals. I hope the committee will accept that simple fix as 
well.
    I appreciate you being here today, Mr. Secretary and Dr. 
Koplan and we all look forward to your testimony.
    I yield back, Mr. Chairman.
    [The prepared statement of Hon. Charlie Norwood follows:]

    Prepared Statement of Hon. Charlie Norwood, a Representative in 
                   Congress from the State of Georgia

    Thank you Mr. Chairman for holding this hearing this morning. Last 
week I had the privilege of joining the President on his trip to the 
CDC. You don't have to spend too much time there to realize the 
importance of their work to our nation's security.
    My Georgia colleagues, John Linder and Saxby Chambliss, recognize 
this as well. I sincerely hope the Committee accepts their work to make 
certain CDC has the appropriate authorizations to accomplish their very 
important mission into the Committee bioterrorism bill.
    I would also like to bring attention to Mr. Thornberry's bill as 
well. In an emergency, the difference between a for-profit and a non-
profit hospital is irrelevant. Access to federal funds in an emergency 
should not be limited to non-profit hospitals. I hope the Committee 
accepts this very simple fix.
    I appreciate your attendance today Secretary Thompson, Dr. Koplan 
and look forward to your testimony. I yield back the balance of my 
time.

    Chairman Tauzin. I thank my friend. Further requests for 
time on this side? The gentlelady from California, Ms. Eshoo, 
is recognized.
    Ms. Eshoo. Thank you, Mr. Chairman, for holding this all-
important hearing, and Secretary Thompson, it's wonderful to 
see you again. Drs. Koplan and Henderson, welcome.
    I have questions, obviously, that I would ask this morning, 
but I want to welcome you, No. 1, and I can't help but think of 
the time, the years in growing up and what my father would tell 
me about World War II. He talked about the attack and then he 
said our country went into high gear. And so I think as we're 
shifting into high gear, we have to be mindful of what we can 
do in our time, in our day.
    We know that our public health service across the country 
is absolutely key and central in this. We have outstanding 
professionals in all of our communities, but we know that they 
need more. We know that the CDC is superb, but we have a ways 
to go in terms of upgrading that place being Ground Zero in 
this preparation for us to respond, God forbid, to what we need 
to respond to.
    What are the medications that we need to have on the shelf? 
These are all the thing that we need to be prepared for. That's 
what this hearing is about. I don't think this is a Democrat 
and Republican--this is not a partisan issue. This is where we 
have to join ranks and not debate about the sums, but the 
substance. The sums should be attached to the substance of what 
we come up with and I also am very, very mindful that out of 
this effort, out of this bioterrorism discussion that new 
discoveries are going to come in terms of the drugs and the 
research and the development of that research and that will 
hold our Nation in good stead for years to come. So I look 
forward, very sincerely, Mr. Secretary, with the chairman, with 
all of my colleagues on this committee that is front and 
central in this issue to coming up with those things that 
generations to come, they will look over their shoulders and 
say we did something noble and good in our time and in our day.
    Thank you.
    Chairman Tauzin. I thank the gentlelady. Further requests 
for time? The gentleman from Illinois, Mr. Shimkus, is 
recognized for 3 minutes.
    Mr. Shimkus. Thank you, Mr. Chairman and thank you, Mr. 
Secretary, for coming and I would just want to say this is a 
national security issue. I think we all agree. We did have a 
historical aspect of the influenza outbreak in 1918. It shows 
us the risk we have. Had we had 5,000 casualties--had we had 
5,000 injured people instead of approximately 5,000 dead, we 
would have found out that we wouldn't have been able to contain 
and treat those folks in New York City.
    World War II and the cold war really had a good model. Our 
civil defense plan was a pretty good model to nationalize civil 
defense issues and I think it's time we kind of turned that 
back, especially as we address bioterrorism and my big concern 
is our front line responders, the fire departments, the police 
officers. No matter what we do at the Federal level, they're 
going to be the first ones there and we have to help them 
prepare and then follow up with the surge capacity needed to 
meet the needs early. We know that early intervention will be 
the key and somehow we've got to find that great balance to 
bring in our locals and prepare them to respond and they can do 
the job if we're there to assist them and that will be my focus 
and Mr. Chairman, thank you. I yield back.
    [The prepared statement of Hon. John Shimkus follows:]

 Prepared Statement of Hon. John Shimkus, a Representative in Congress 
                       from the State of Illinois

    Thank you Mr. Chairman for holding this hearing on the important 
issue of bioterrorism. Now, more than ever, our country needs to be 
prepared to deal with terrorist attacks of all kinds, including 
bioterrorism.
    I am especially concerned over the growing shortage of medical 
laboratory personnel. These professionals are needed for the immediate 
response to a bioterrorist situation.
    Laboratory professionals must provide prompt and accurate 
laboratory results so that a potential biological threat can be 
detected. Considering the times, it is difficult to imagine how our 
health delivery system would function without this needed laboratory 
workforce. I am hopeful that any bioterrorism package that moves 
forward would recognize this need.
    In addition, I would like to mention the importance of community 
health centers as a first line of detection for a bioterrorism attack.
    Health centers are often located in isolated rural areas where they 
are the only health care provider for miles. They are also often 
expected to fulfill vital local public health functions because there 
is no local health department or its resources are limited. I urge the 
members of this committee and HHS to remember this important part of 
our nation's health care delivery system as we craft this proposal.
    Again, I would like to thank you Mr. Chairman, for holding this 
important hearing today.

    Chairman Tauzin. The Chair thanks the gentleman. Further 
requests for time on this side? The gentleman from Ohio is 
recognized. Mr. Rush, do you seek recognition? The gentleman 
from Ohio is recognized.
    Mr. Sawyer. Thank you, Mr. Chairman, for holding this 
hearing and I thank our witnesses for your participation today.
    I'd just like to make a couple of brief observations. First 
of all, the CDC has made a good beginning. The strategic plan 
is a good start and during the anthrax episode, health 
officials in my District tell me that health alert network 
functioned well in sharing timely information. That's 
important.
    The work entered into cooperative agreements with State and 
major local health departments I think is an important element 
in preparedness, because clearly and I think we would all agree 
that in a crisis, all responses is local. It falls to our 
cities and our counties first to be able to react and we've got 
to make sure that they have the tools they need to react 
appropriately.
    That leads me to my second observation and that is that 
that does not seem to be the case yet, that of the $8.7 billion 
that OMB suggests we're spending in fighting terrorism, only 
about 3.5 percent of that is reaching the local level in the 
form of training, planning and equipment grants. I believe we 
need to do better than that. I think we can do better than that 
in the kind of environment that we've heard talked about by the 
chairman and others. I'm confident that we will do that.
    I yield back the balance of my time, Mr. Chairman.
    [The prepared statement of Hon. Tom Sawyer follows:]

  Prepared Statement of Hon. Tom Sawyer, a Representative in Congress 
                         from the State of Ohio

    Thank you Mr. Chairman and thank you for holding this hearing. I 
would also like to thank the Secretary for testifying in front of the 
committee today about ways the government can better protect the public 
from bioterrorism.
    In early October, when the first anthrax case was confirmed, the 
threat of bioterrorism ceased being theoretical or distant. It became 
real and immediate, regardless of its ultimate source. Subsequently, 22 
cases have been confirmed by CDC and tragically, four people have died 
as a result of anthrax inhalation. Clearly, the treatment of postal 
workers who were exposed to anthrax was a disaster. The federal and 
local governments must do a better job in responding because in the 
future, the biological agents that terrorist use may be more contagious 
and more deadly.
    The CDC has made a good beginning in leading the nation's efforts 
to prepare for a bioterrorism attack. As part of HHS's 1999 
Bioterrorism initiative, the CDC took on this burden and has performed 
admirably working with limited resources. Over a year ago, CDC issued a 
well thought-out strategic plan to deal with bioterrorism and has 
worked with State public health departments to strengthen planning, lab 
capacity and communication. In conversations with heath officials in my 
district, they have all told me that during the current anthrax 
episode, the Health Alert Network has performed exceptionally well in 
informing them about the latest developments and medical information.
    In response to the bioterrorism initiative, CDC also began entering 
into cooperative agreements with State and major local public health 
departments to help them upgrade their preparedness and response 
capabilities. These agreements focus on five areas: Preparedness 
Planning and Readiness Assessment, Surveillance and Epidemiology, the 
Health Alert Network, and Biologic and Chemical Agents Laboratory 
Capacity. However, last year, the CDC was able to award only slightly 
more than $50 million to all public health departments across all five 
of these areas. Due to a lack of funding, all state public health 
departments could not even access money in each of the grant 
categories. In light of September 11 and the anthrax mailings, we need 
to increase the funding substantially for these vitally important 
programs.
    During a crisis, all response is local. Police, firefighters, 
health workers, EMTS and mayors are immediately responsible to react. 
The federal government cannot meet these events as they occur. 
Consequently, we must make sure that our local health care and safety 
forces are prepared, and that bioterrorism funding is targeted 
appropriately.
    Unfortunately, this does not seem to be the case yet. An analysis 
of OMB's figures shows that the federal government is spending about 
$8.7 Billion to fight terrorism but only 3.5% of that is making it to 
the local level in the form of training, planning and equipment grants. 
We need to do better. We must ensure that bioterrorism proposals direct 
resources to those who will be responding. I look forward to hearing 
from the witnesses on how they believe that this can best be 
accomplished.

    Chairman Tauzin. Thank you, my friend. Further requests for 
time on this side? The gentlelady from New Mexico, Ms. Wilson.
    Ms. Wilson. Thank you, Mr. Chairman, Mr. Secretary, I 
appreciate your being here today. All of us know that we have 
to strengthen our capacity to respond to and detect biological 
threats, but I think we also have to recognize that what we're 
talking about here is only one part of a renewed focus on 
health security. Many of the threats that we know we're going 
to have to face include nuclear and chemical contaminants and 
those are largely unaddressed thus far in the legislation 
that's emerging certainly from the Senate and possibly also 
here in the House.
    We do know with respect to biological agents that there are 
some things we have to do. We have to expand our laboratory 
capacity which was overwhelmed by a relatively small incident 
involving anthrax in three different communities. That regard 
last year, the Congress established a national center for 
infectious disease which a year ago the CDC did not recommend 
for continuance and I hope that that's been reconsidered.
    We need to research, develop and deploy low cost 
technologies for real time detection of contaminants, whether 
they are biological, nuclear or chemical. The idea that--the 
visions that we've seen on our televisions of q-tips and petri 
dishes and men in bunny suits are not where we should be. We 
are within 3 to 5 years of the deployment of real time 
detection of chemical and biological and nuclear contaminants 
in water systems across the country and we should accelerate 
that deployment and develop those technologies for the air, the 
water and the food that we eat. We need to strengthen our 
controls on hazardous biological agents and this committee has 
al