[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5028 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5028

  To amend the Public Health Service Act to improve and expedite the 
assessment and determination of chemical, biological, radiological and 
 nuclear material threats by the Secretary of Homeland Security under 
                     the Project BioShield program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2006

Mr. Linder (for himself, Mr. Langevin, Mr. McCaul of Texas, Mr. Shays, 
Mr. Simmons, Mr. Thompson of Mississippi, Mr. Dicks, Mr. Dent, and Ms. 
Jackson-Lee of Texas) introduced the following bill; which was referred 
to the Committee on Homeland Security, and in addition to the Committee 
 on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to improve and expedite the 
assessment and determination of chemical, biological, radiological and 
 nuclear material threats by the Secretary of Homeland Security under 
                     the Project BioShield program.

    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 ``Project Bioshield Material Threats 
Act of 2006''.

SEC. 2. BIOSHIELD PROGRAM; MODIFICATIONS REGARDING MATERIAL THREATS.

    (a) In General.--Section 319F-2(c)(2)(A) of the Public Health 
Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended--
            (1) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively;
            (2) by moving each of such subclauses two ems to the right;
            (3) by striking ``(A) Material threat.--The Homeland 
        Security Secretary'' and inserting the following:
                    ``(A) Material threat.--
                            ``(i) In general.--The Homeland Security 
                        Secretary''; and
            (4) by adding at the end the following clauses:
                            ``(ii) Use of existing risk assessments.--
                        For the purpose of satisfying the requirements 
                        of clause (i) as expeditiously as possible, the 
                        Homeland Security Secretary shall, as 
                        practicable, utilize existing risk assessments 
                        that such Secretary considers credible.
                            ``(iii) Order of assessments.--
                                    ``(I) Groupings to facilitate 
                                assessment of countermeasures.--In 
                                conducting threat assessments and 
                                determinations under clause (i) of 
                                chemical, biological, radiological, and 
                                nuclear agents, the Homeland Security 
                                Secretary shall, to the extent 
                                practicable and appropriate, consider 
                                the completion of such assessments and 
                                determinations for groups of agents 
                                toward the goal of facilitating the 
                                assessment of countermeasures under 
                                paragraph (3) by the Secretary of 
                                Health and Human Services.
                                    ``(II) Categories of 
                                countermeasures.--The grouping of 
                                agents under subclause (I) by the 
                                Homeland Security Secretary shall be 
                                designed to facilitate assessments 
                                under paragraph (3) by the Secretary of 
                                Health and Human Services regarding the 
                                following two categories of 
                                countermeasures:
                                            ``(aa) Countermeasures that 
                                        may address more than one agent 
                                        identified under clause 
                                        (i)(II).
                                            ``(bb) Countermeasures that 
                                        may address adverse health 
                                        consequences that are common to 
                                        exposure to different agents.
                                    ``(III) Rule of construction.--A 
                                particular grouping of agents pursuant 
                                to subclause (II) is not required under 
                                such subclause to facilitate 
                                assessments of both categories of 
                                countermeasures described in such 
                                subclause. A grouping may concern one 
                                category and not the other.
                            ``(iv) Time frame for completion of certain 
                        national-security determinations.--With respect 
                        to chemical, biological, radiological, and 
                        nuclear agents known to the Homeland Security 
                        Secretary as of the day before the date of the 
                        enactment of the Project Bioshield Material 
                        Threats Act of 2006, and which such Secretary 
                        considers to be capable of significantly 
                        affecting national security, such Secretary 
                        shall complete the determinations under clause 
                        (i)(II) not later than December 31, 2007.
                            ``(v) Definition.--For purposes of this 
                        subparagraph, the term `risk assessment' means 
                        a scientific, technically-based analysis of 
                        agents that incorporates threat, vulnerability, 
                        and consequence information.''.
    (b) Authorization of Appropriations.--Section 510(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 320(d)) is amended--
            (1) in paragraph (1), by striking ``2006,'' and inserting 
        ``2009,''; and
            (2) by adding at the end the following:
            ``(3) Additional authorization of appropriations regarding 
        certain threat assessments.--For the purpose of providing an 
        additional amount to the Secretary to assist the Secretary in 
        meeting the requirements of clause (iv) of section 319F-
        2(c)(2)(A)) of the Public Health Service Act (relating to time 
        frames), there are authorized to be appropriated such sums as 
        may be necessary for fiscal year 2007, in addition to the 
        authorization of appropriations established in paragraph (1). 
        The purposes for which such additional amount may be expended 
        include conducting risk assessments regarding clause (i)(II) of 
        such section when there are no existing risk assessments that 
        the Secretary considers credible.''.
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