[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3176 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3176

   To provide for the development of protocols for uniform national 
 responses to public health emergencies involving dangerous biological 
                     agents or dangerous chemicals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2001

   Mr. Smith of New Jersey introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To provide for the development of protocols for uniform national 
 responses to public health emergencies involving dangerous biological 
                     agents or dangerous chemicals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hazardous Agent Emergency Uniform 
Response Act''.

SEC. 2. PROTOCOLS FOR UNIFORM NATIONAL RESPONSES TO PUBLIC HEALTH 
              EMERGENCIES INVOLVING DANGEROUS BIOLOGICAL AGENTS OR 
              DANGEROUS CHEMICALS.

    (a) In General.--
            (1) Protocols through joint interdepartmental working 
        group.--The Secretary of Health and Human Services (in this 
        section referred to as the ``Secretary''), in carrying out 
        section 319F(b) of the Public Health Service Act, shall develop 
        protocols for responding to public health emergencies resulting 
        from the release of dangerous biological agents or dangerous 
        chemicals, including the intentional release of such agents or 
        chemicals.
            (2) Consultation with states.--In carrying out this 
        section, the Secretary shall consult with the States, including 
        the chief public health officers and the attorneys general of 
        the States.
    (b) Hazardous Agents.--
            (1) In general.--For purposes of this section, the term 
        ``hazardous agents'' means dangerous biological agents and 
        dangerous chemicals.
            (2) Dangerous biological agents.--For purposes of this 
        section, the term ``dangerous biological agent'' means a 
        biological agent or toxin that--
                    (A) is on the list that is in effect pursuant to 
                section 511(d)(1) of the Antiterrorism and Effective 
                Death Penalty Act of 1996; and
                    (B) has not been exempted from the applicability of 
                regulations under section 511(e) of such Act.
            (3) Dangerous chemicals.--
                    (A) In general.--For purposes of this section, the 
                term ``dangerous chemical'' means a chemical listed 
                under subparagraph (B).
                    (B) List of chemicals.--Not later than 45 days 
                after the date of the enactment of this Act, the 
                Secretary, in consultation with the Chemical Safety and 
                Hazard Investigation Board under section 112(r)(6) of 
                the Clean Air Act, shall develop a list of chemicals 
                that are considered by the Secretary--
                            (i) to be substances that are known to 
                        cause, or may reasonably be anticipated to 
                        cause, death or other serious adverse effects 
                        on human health, which substances shall include 
                        substances listed under section 112(r)(3) of 
                        such Act; and
                            (ii) to be candidates for use by 
                        individuals who intend to cause death or other 
                        serious adverse effects on human health by 
                        intentionally releasing the chemicals.
    (c) Agent-Specific Protocols.--A protocol under subsection (a) 
shall be developed for each hazardous agent. Such a protocol shall 
include provisions specific to the hazardous agent involved, unless the 
Secretary determines that the agent has no unique characteristics 
relevant to making an adequate response to a public health emergency 
resulting from the release of the agent.
    (d) Priorities; Timeframe.--
            (1) Priorities.--Not later than 45 days after the date of 
        the enactment of this Act, the Secretary shall with respect to 
        the development of protocols under subsection (a) establish 
        priorities among hazardous agents.
            (2) Timeframe.--Promptly after establishing priorities 
        under paragraph (1), the Secretary shall begin developing a 
        protocol under subsection (a) for the hazardous agent assigned 
        the highest priority. In developing such protocol, and each 
        other protocol under such subsection, the Secretary shall seek 
        to complete development not later than 45 days after beginning 
        the process of development. Promptly after completing the 
        development of one protocol, the Secretary shall begin 
        developing another protocol.
    (e) Uniformity; Testing; Other Provisions.--The provisions of a 
protocol under subsection (a) shall include provisions for the 
following:
            (1) Ensuring that the protocol is applied uniformly in each 
        public health emergency involving the hazardous agent for which 
        the protocol is developed, subject to factual differences among 
        emergencies.
            (2) Coordinating with public and private emergency response 
        personnel, including State and local public health officials, 
        to provide for such uniformity.
            (3) Providing medically appropriate information promptly to 
        individuals who are present at buildings or other sites at 
        which the public health emergency involved occurs, including 
        individuals with employment functions at such sites.
            (4) Testing and treating affected individuals promptly with 
        respect to such agent.
            (5) Decontaminating sites referred to in paragraph (3).
            (6) Providing for differences in responding to an emergency 
        according to whether the release of the hazardous agent 
        involved is accidental or intentional.
            (7) Such other provisions as the Secretary determines to be 
        appropriate.
    (f) Periodic Review.--The Secretary shall periodically review 
protocols under subsection (a) and shall revise the protocols as 
appropriate.
    (g) Development Exemptions.--The requirement under subsection (a) 
to develop a protocol for a hazardous agent does not apply if the 
Secretary makes a determination that a protocol existing as of the date 
of the enactment of this Act meets the requirements of this section 
(which determination is referred to in this section as a ``development 
exemption''). Not later than 30 days after such date of enactment, the 
Secretary shall submit to the Congress a report providing a list of the 
hazardous agents for which the Secretary has provided development 
exemptions. Such an exemption may not be construed as affecting the 
applicability of the requirements of review and revision under 
subsection (f).
    (h) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
may be necessary for each of the fiscal years 2002 through 2006. Such 
authorization of appropriations is in addition to other authorizations 
of appropriations that are available for such purpose.
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