[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1279 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1279

     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act to authorize the President to carry out a program for 
    the protection of the health and safety of residents, workers, 
               volunteers, and others in a disaster area.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2003

Mr. Voinovich (for himself, Mrs. Clinton, Mr. DeWine, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
              Committee on Environmental and Public Works

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act to authorize the President to carry out a program for 
    the protection of the health and safety of residents, workers, 
               volunteers, and others in a disaster area.

    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 ``Disaster Area Health and 
Environmental Monitoring Act of 2003''.

SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER 
              AREA.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act is amended by inserting after section 408 (42 U.S.C. 
5174) the following:

``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A 
              DISASTER AREA.

    ``(a) Definitions.--In this section:
            ``(1) Individual.--The term `individual' includes--
                    ``(A) a worker or volunteer who responds to a 
                disaster, including--
                            ``(i) a police officer;
                            ``(ii) a firefighter;
                            ``(iii) an emergency medical technician;
                            ``(iv) any participating member of an urban 
                        search and rescue team; and
                            ``(v) any other relief or rescue worker or 
                        volunteer that the President determines to be 
                        appropriate;
                    ``(B) a worker who responds to a disaster by 
                assisting in the cleanup or restoration of critical 
                infrastructure in and around a disaster area;
                    ``(C) a person whose place of residence is in a 
                disaster area;
                    ``(D) a person who is employed in or attends 
                school, child care, or adult day care in a building 
                located in a disaster area; and
                    ``(E) any other person that the President 
                determines to be appropriate.
            ``(2) Program.--The term `program' means a program 
        described in subsection (b) that is carried out for a disaster 
        area.
            ``(3) Substance of concern.--The term `substance of 
        concern' means any chemical or substance associated with 
        potential acute or chronic human health effects, the risk of 
        exposure to which could potentially be increased as the result 
        of a disaster.
    ``(b) Program.--
            ``(1) In general.--If the President determines that 1 or 
        more substances of concern are being, or have been, released in 
        an area declared to be a disaster area under this Act, the 
        President may carry out a program for the protection, 
        assessment, monitoring, and study of the health and safety of 
        individuals to ensure that--
                    ``(A) the individuals are adequately informed about 
                and protected against potential health impacts of the 
                substance of concern and potential mental health 
                impacts in a timely manner;
                    ``(B) the individuals are monitored and studied 
                over time, including through baseline and follow-up 
                clinical health examinations, for--
                            ``(i) any short- and long-term health 
                        impacts of any substance of concern; and
                            ``(ii) any mental health impacts;
                    ``(C) the individuals receive health care referrals 
                as needed and appropriate; and
                    ``(D) information from any such monitoring and 
                studies is used to prevent or protect against similar 
                health impacts from future disasters.
            ``(2) Activities.--A program under paragraph (1) may 
        include such activities as--
                    ``(A) collecting and analyzing environmental 
                exposure data;
                    ``(B) developing and disseminating information and 
                educational materials;
                    ``(C) performing baseline and follow-up clinical 
                health and mental health examinations and taking 
                biological samples;
                    ``(D) establishing and maintaining an exposure 
                registry;
                    ``(E) studying the long-term human health impacts 
                of any exposures through epidemiological and other 
                health studies; and
                    ``(F) providing assistance to individuals in 
                determining eligibility for health coverage and 
                identifying appropriate health services.
            ``(3) Timing.--To the maximum extent practicable, a program 
        under paragraph (1) shall be established, and activities under 
        the program shall be commenced (including baseline health 
        examinations), in a timely manner that will ensure the highest 
        level of public health protection and effective monitoring.
            ``(4) Participation in registries and studies.--
                    ``(A) In general.--Participation in any registry or 
                study that is part of a program under paragraph (1) 
                shall be voluntary.
                    ``(B) Protection of privacy.--The President shall 
                take appropriate measures to protect the privacy of any 
participant in a registry or study described in subparagraph (A).
            ``(5) Cooperative agreements.--The President may carry out 
        a program under paragraph (1) through a cooperative agreement 
        with a medical institution, or a consortium of medical 
        institutions, that is--
                    ``(A) located near the disaster area, and near 
                groups of individuals that worked or volunteered in 
                response to the disaster in the disaster area, with 
                respect to which the program is carried out; and
                    ``(B) experienced in the area of environmental or 
                occupational health, toxicology, and safety, including 
                experience in--
                            ``(i) developing clinical protocols and 
                        conducting clinical health examinations, 
                        including mental health assessments;
                            ``(ii) conducting long-term health 
                        monitoring and epidemiological studies;
                            ``(iii) conducting long-term mental health 
                        studies; and
                            ``(iv) establishing and maintaining medical 
                        surveillance programs and environmental 
                        exposure or disease registries.
            ``(6) Involvement.--
                    ``(A) In general.--In establishing and maintaining 
                a program under paragraph (1), the President shall 
                ensure the involvement of interested and affected 
                parties, as appropriate, including representatives of--
                            ``(i) Federal, State, and local government 
                        agencies;
                            ``(ii) labor organizations;
                            ``(iii) local residents, businesses, and 
                        schools (including parents and teachers);
                            ``(iv) health care providers; and
                            ``(v) other organizations and persons.
                    ``(B) Committees.--Involvement under subparagraph 
                (A) may be provided through the establishment of an 
                advisory or oversight committee or board.
    ``(c) Reports.--Not later than 1 year after the establishment of a 
program under subsection (b)(1), and every 5 years thereafter, the 
President, or the medical institution or consortium of such 
institutions having entered into a cooperative agreement under 
subsection (b)(5), shall submit to the Secretary of Homeland Security, 
the Secretary of Health and Human Services, the Secretary of Labor, the 
Administrator of the Environmental Protection Agency, and appropriate 
committees of Congress a report on programs and studies carried out 
under the program.''.

SEC. 3. BLUE RIBBON PANEL ON DISASTER AREA HEALTH PROTECTION AND 
              MONITORING.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this section, the Secretary of Homeland Security, the 
Secretary of Health and Human Services, and the Administrator of the 
Environmental Protection Agency shall jointly establish a Blue Ribbon 
Panel on Disaster Area Health Protection and Monitoring (referred to in 
this section as the ``Panel'').
    (b) Membership.--
            (1) In general.--The Panel shall be composed of--
                    (A) 15 voting members, to be appointed by the 
                Secretary of Homeland Security, the Secretary of Health 
                and Human Services, and the Administrator of the 
                Environmental Protection Agency in accordance with 
                paragraph (2); and
                    (B) officers or employees of the Department of 
                Health and Human Services, the Department of Homeland 
                Security, the Environmental Protection Agency, and 
                other Federal agencies, as appropriate, to be appointed 
                by the Secretary of Health and Human Services, the 
                Secretary of Homeland Security, and the Administrator 
                of the Environmental Protection Agency as nonvoting, ex 
                officio members of the Panel.
            (2) Background and expertise.--The voting members of the 
        Panel shall be individuals who--
                    (A) are not officers or employees of the Federal 
                Government; and
                    (B) have expertise in--
                            (i) environmental health, safety, and 
                        medicine;
                            (ii) occupational health, safety, and 
                        medicine;
                            (iii) clinical medicine, including 
                        pediatrics;
                            (iv) toxicology;
                            (v) epidemiology;
                            (vi) mental health;
                            (vii) medical monitoring and surveillance;
                            (viii) environmental monitoring and 
                        surveillance;
                            (ix) environmental and industrial hygiene;
                            (x) emergency planning and preparedness;
                            (xi) public outreach and education;
                            (xii) State and local health departments;
                            (xiii) State and local environmental 
                        protection departments;
                            (xiv) functions of workers that respond to 
                        disasters, including first responders; and
                            (xv) public health and family services.
    (c) Duties.--
            (1) In general.--The Panel shall provide advice and 
        recommendations regarding protecting and monitoring the health 
        and safety of individuals potentially exposed to any chemical 
        or substance associated with potential acute or chronic human 
        health effects as the result of a disaster, including advice 
        and recommendations regarding--
                    (A) the implementation of programs under section 
                409 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (as added by section 2); and
                    (B) the establishment of protocols for the 
                monitoring of and response to releases of substances of 
                concern (as defined in section 409(a) of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (as added by section 2)) in a disaster area for the 
                purpose of protecting public health and safety, 
                including--
                            (i) those substances of concern for which 
                        samples should be collected in the event of a 
                        disaster, including a terrorist attack;
                            (ii) chemical-specific methods of sample 
                        collection, including sampling methodologies 
                        and locations;
                            (iii) chemical-specific methods of sample 
                        analysis;
                            (iv) health-based threshold levels to be 
                        used and response actions to be taken in the 
                        event that thresholds are exceeded for 
                        individual chemicals or substances;
                            (v) procedures for providing monitoring 
                        results to--
                                    (I) appropriate Federal, State, and 
                                local government agencies;
                                    (II) appropriate response 
                                personnel; and
                                    (III) the public;
                            (vi) responsibilities of Federal, State and 
                        local agencies for--
                                    (I) collecting and analyzing 
                                samples;
                                    (II) reporting results; and
                                    (III) taking appropriate response 
                                actions; and
                            (vii) capabilities and capacity within the 
                        Federal Government to conduct appropriate 
                        environmental monitoring and response in the 
                        event of a disaster, including a terrorist 
                        attack; and
                    (C) other issues as specified by the Secretary of 
                Homeland Security, the Secretary of Health and Human 
                Services, and the Administrator of the Environmental 
                Protection Agency.
            (2) Report.--Not later than 1 year after the date of 
        establishment of the Panel, the Panel shall submit to the 
        Secretary of Homeland Security, the Secretary of Health and 
        Human Services, and the Administrator of the Environmental 
        Protection Agency a report of the findings and recommendations 
        of the Panel under this section, including recommendations for 
        such legislative and administrative actions as the Panel 
        considers to be appropriate.
    (d) Powers.--
            (1) Hearings.--The Panel may hold such hearings, sit and 
        act at such times and places, take such testimony, and receive 
        such evidence as the Panel considers necessary to carry out 
        this section.
            (2) Information from federal agencies.--
                    (A) In general.--The Panel may secure directly from 
                any Federal department or agency such information as 
                the Panel considers necessary to carry out this 
                section.
                    (B) Furnishing of information.--On request of the 
                Panel, the head of the department or agency shall 
                furnish the information to the Panel.
            (3) Postal services.--The Panel may use the United States 
        mails in the same manner and under the same conditions as other 
        departments and agencies of the Federal Government.
    (e) Personnel.--
            (1) Travel expenses.--The members of the Panel shall not 
        receive compensation for the performance of services for the 
        Panel, but shall be allowed travel expenses, including per diem 
        in lieu of subsistence, at rates authorized for employees of 
        agencies under subchapter I of chapter 57 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in the performance of services for the Panel.
            (2) Voluntary and uncompensated services.--Notwithstanding 
        section 1342 of title 31, United States Code, the Secretary may 
        accept the voluntary and uncompensated services of members of 
        the Panel.
            (3) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Panel without reimbursement, 
        and such detail shall be without interruption or loss of civil 
        service status or privilege.
            (4) Staff, information, and other assistance.--The 
        Secretary of Homeland Security, the Secretary of Health and 
        Human Services, and the Administrator of the Environmental 
        Protection Agency shall provide to the Panel such staff, 
        information, and other assistance as may be necessary to carry 
        out the duties of the Panel.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    (g) Termination of Authority.--This section, the authority provided 
under this section, and the Panel shall terminate on the date that is 
18 months after the date of enactment of this Act.
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