[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Senate]
[Pages S15503-S15507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     DISASTER AREA HEALTH AND ENVIRONMENTAL MONITORING ACT OF 2003

  Mr. FRIST. I ask unanimous consent that the Senate now proceed to 
consideration of Calendar 360, S. 1279.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Environment and Public 
Works, with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:

  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                S. 1279

       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

[[Page S15504]]

       [``(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.]

     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

[[Page S15505]]

       ``(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 a chemical or other substance that is 
     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, as determined by the 
     President.
       ``(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 any 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 followup 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 followup clinical health and 
     mental health examinations and taking biological samples;
       ``(D) establishing and maintaining an exposure registry;
       ``(E) studying the short- and 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, 
     activities under any program established under paragraph (1) 
     (including baseline health examinations) shall be commenced 
     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.--
       ``(A) In general.--The President may carry out a program 
     under paragraph (1) through a cooperative agreement with a 
     medical institution or a consortium of medical institutions.
       ``(B) Selection criteria.--To the maximum extent 
     practicable, the President shall select to carry out a 
     program under paragraph (1) a medical institution or a 
     consortium of medical institutions that--
       ``(i) is located near--

       ``(I) the disaster area with respect to which the program 
     is carried out; and
       ``(II) any other area in which there reside groups of 
     individuals that worked or volunteered in response to the 
     disaster; and

       ``(ii) has appropriate experience in the areas 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 involve 
     interested and affected parties, as appropriate, including 
     representatives of--
       ``(i) Federal, State, and local government agencies;
       ``(ii) groups of individuals that worked or volunteered in 
     response to the disaster in the disaster area;
       ``(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. NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA 
                   HEALTH AND ENVIRONMENTAL PROTECTION AND 
                   MONITORING.

       (a) In General.--The Secretary of Homeland Security, the 
     Secretary of Health and Human Services, and the Administrator 
     of the Environmental Protection Agency shall jointly enter 
     into a contract with the National Academy of Sciences to 
     conduct a study and prepare a report on disaster area health 
     and environmental protection and monitoring.
       (b) Expertise.--The report under subsection (a) shall be 
     prepared with the participation of individuals who have 
     expertise in--
       (1) environmental health, safety, and medicine;
       (2) occupational health, safety, and medicine;
       (3) clinical medicine, including pediatrics;
       (4) toxicology;
       (5) epidemiology;
       (6) mental health;
       (7) medical monitoring and surveillance;
       (8) environmental monitoring and surveillance;
       (9) environmental and industrial hygiene;
       (10) emergency planning and preparedness;
       (11) public outreach and education;
       (12) State and local health departments;
       (13) State and local environmental protection departments;
       (14) functions of workers that respond to disasters, 
     including first responders; and
       (15) public health and family services.
       (c) Contents.--The report under subsection (a) shall 
     provide advice and recommendations regarding protecting and 
     monitoring the health and safety of individuals potentially 
     exposed to any chemical or other substance associated with 
     potential acute or chronic human health effects as the result 
     of a disaster, including advice and recommendations 
     regarding--
       (1) the establishment of protocols for the monitoring of 
     and response to chemical or substance releases in a disaster 
     area for the purpose of protecting public health and safety, 
     including--
       (A) chemicals or other substances for which samples should 
     be collected in the event of a disaster, including a 
     terrorist attack;
       (B) chemical- or substance-specific methods of sample 
     collection, including sampling methodologies and locations;
       (C) chemical- or substance-specific methods of sample 
     analysis;
       (D) health-based threshold levels to be used and response 
     actions to be taken in the event that thresholds are exceeded 
     for individual chemicals or other substances;
       (E) procedures for providing monitoring results to--
       (i) appropriate Federal, State, and local government 
     agencies;
       (ii) appropriate response personnel; and
       (iii) the public;
       (F) responsibilities of Federal, State and local agencies 
     for--
       (i) collecting and analyzing samples;
       (ii) reporting results; and
       (iii) taking appropriate response actions; and
       (G) 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
       (2) 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.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

  Mr. FRIST. I ask unanimous consent that the Inhofe amendment at the 
desk be agreed to; the committee substitute amendment, as amended, be 
agreed to; the bill, as amended, be read the third time and passed, the 
motion to reconsider be laid upon the table, and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2210) was agreed to, as follows:

(Purpose: To require that health and safety programs be carried out in 
              accordance with certain privacy regulations)

       On page 19, line 16, insert ``, including a local health 
     department,'' after ``institution''.
       On page 21, between lines 18 and 19, insert the following:
       ``(7) Privacy.--The President shall carry out each program 
     under paragraph (1) in accordance with regulations relating 
     to privacy promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note; Public Law 104-191).
       At the end, add the following:

     SEC. 4. PREDISASTER HAZARD MITIGATION.

       Section 203(m) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended 
     by striking ``December 31, 2003'' and inserting ``September 
     30, 2006''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 1279), as amended, was read the third time and passed, 
as follows:

                                S. 1279

       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

[[Page S15506]]

     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 a chemical or other substance that is 
     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, as determined by the 
     President.
       ``(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 any 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 followup 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 followup clinical health and 
     mental health examinations and taking biological samples;
       ``(D) establishing and maintaining an exposure registry;
       ``(E) studying the short- and 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, 
     activities under any program established under paragraph (1) 
     (including baseline health examinations) shall be commenced 
     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.--
       ``(A) In general.--The President may carry out a program 
     under paragraph (1) through a cooperative agreement with a 
     medical institution, including a local health department, or 
     a consortium of medical institutions.
       ``(B) Selection criteria.--To the maximum extent 
     practicable, the President shall select to carry out a 
     program under paragraph (1) a medical institution or a 
     consortium of medical institutions that--
       ``(i) is located near--

       ``(I) the disaster area with respect to which the program 
     is carried out; and
       ``(II) any other area in which there reside groups of 
     individuals that worked or volunteered in response to the 
     disaster; and

       ``(ii) has appropriate experience in the areas 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 involve 
     interested and affected parties, as appropriate, including 
     representatives of--
       ``(i) Federal, State, and local government agencies;
       ``(ii) groups of individuals that worked or volunteered in 
     response to the disaster in the disaster area;
       ``(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.
       ``(7) Privacy.--The President shall carry out each program 
     under paragraph (1) in accordance with regulations relating 
     to privacy promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note; Public Law 104-191).
       ``(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. NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA 
                   HEALTH AND ENVIRONMENTAL PROTECTION AND 
                   MONITORING.

       (a) In General.--The Secretary of Homeland Security, the 
     Secretary of Health and Human Services, and the Administrator 
     of the Environmental Protection Agency shall jointly enter 
     into a contract with the National Academy of Sciences to 
     conduct a study and prepare a report on disaster area health 
     and environmental protection and monitoring.
       (b) Expertise.--The report under subsection (a) shall be 
     prepared with the participation of individuals who have 
     expertise in--
       (1) environmental health, safety, and medicine;
       (2) occupational health, safety, and medicine;
       (3) clinical medicine, including pediatrics;
       (4) toxicology;
       (5) epidemiology;
       (6) mental health;
       (7) medical monitoring and surveillance;
       (8) environmental monitoring and surveillance;
       (9) environmental and industrial hygiene;
       (10) emergency planning and preparedness;
       (11) public outreach and education;
       (12) State and local health departments;
       (13) State and local environmental protection departments;
       (14) functions of workers that respond to disasters, 
     including first responders; and
       (15) public health and family services.
       (c) Contents.--The report under subsection (a) shall 
     provide advice and recommendations regarding protecting and 
     monitoring the health and safety of individuals potentially 
     exposed to any chemical or other substance associated with 
     potential acute or chronic human health effects as the result 
     of a disaster, including advice and recommendations 
     regarding--
       (1) the establishment of protocols for the monitoring of 
     and response to chemical or substance releases in a disaster 
     area for the purpose of protecting public health and safety, 
     including--
       (A) chemicals or other substances for which samples should 
     be collected in the event of a disaster, including a 
     terrorist attack;
       (B) chemical- or substance-specific methods of sample 
     collection, including sampling methodologies and locations;
       (C) chemical- or substance-specific methods of sample 
     analysis;
       (D) health-based threshold levels to be used and response 
     actions to be taken in the event that thresholds are exceeded 
     for individual chemicals or other substances;
       (E) procedures for providing monitoring results to--
       (i) appropriate Federal, State, and local government 
     agencies;
       (ii) appropriate response personnel; and
       (iii) the public;
       (F) responsibilities of Federal, State and local agencies 
     for--
       (i) collecting and analyzing samples;
       (ii) reporting results; and
       (iii) taking appropriate response actions; and
       (G) 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
       (2) 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.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

[[Page S15507]]

     SEC. 4. PREDISASTER HAZARD MITIGATION.

       Section 203(m) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended 
     by striking ``December 31, 2003'' and inserting ``September 
     30, 2006''.

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