Disaster Area Health and Environmental Monitoring Act of 2003 - (Sec. 2) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects (substances of concern) are being or have been released in a disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals.
Requires such a program to ensure that: (1) 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; (2) they are monitored and studied over time for any such impacts, both short- and long-term; (3) they receive needed health care referrals; and (4) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters.
Allows the program to include such activities as: (1) collecting and analyzing environmental exposure data; (2) developing and disseminating information and educational materials; (3) performing baseline and followup clinical health and mental health examinations and taking biological samples; (4) establishing and maintaining an exposure registry; (5) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and (6) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services.
Requires activities under any such program (including baseline health examinations), to the maximum extent practicable, to be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring.
Makes participation in any registry or study voluntary. Requires the President to take appropriate measures to protect the privacy of any registry or study participant.
Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such an institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety.
Requires the President, in establishing and maintaining such a program, to involve interested and affected Federal, State,and local parties, including in advisory or oversight committees or boards.
Requires the President to carry out such a program in accordance with certain regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 with respect to privacy of individually identifiable health information exchanged in electronic transmissions.
(Sec. 3) Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring, including: (1) establishment of monitoring and response protocols; (2) Federal, State, and local agency responsibilities; and (3) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack.
Authorizes appropriations.
(Sec. 4) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend from December 31, 2003, through September 30, 2006, the President's authority to establish a program to provide technical and financial assistance to State and local governments to assist in the implementation of cost-effective predisaster hazard mitigation measures designed to reduce injuries, loss of life, and damage and destruction of property.
[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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S8131-8133)
Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment in the nature of a substitute. With written report No. 108-183.
Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment in the nature of a substitute. With written report No. 108-183.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 360.
Measure laid before Senate by unanimous consent. (consideration: S15503-15507; text of measure as reported in Senate: CR S15503-15505)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S15503-15507)
Passed Senate with an amendment by Unanimous Consent. (text: CR S15503-15507)
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Received in the House.
Referred to the Committee on Transportation and Infrastructure, 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.
Referred to the Committee on Transportation and Infrastructure, 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.
Referred to the Committee on Transportation and Infrastructure, 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.
Referred to the Subcommittee on Health.