[Congressional Record Volume 149, Number 90 (Wednesday, June 18, 2003)]
[Senate]
[Pages S8131-S8133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself, Mrs. Clinton, Mr. DeWine, and Mr. 
        Schumer):
  S. 1279. 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; to the Committee on 
Environmental and Public Works.
  Mr. VOINOVICH. Mr. President, I ask unanimous consent that the text 
of the Disaster Area and Health and Environmental Monitoring Act of 
2003 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1279

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

[[Page S8132]]

     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

[[Page S8133]]

       (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.
                                 ______