I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Project Bioshield Ma5 terial Threats Act of 2006’’. 


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1 SEC. 2. BIOSHIELD PROGRAM; MODIFICATIONS REGARD2 ING MATERIAL THREATS. 

3 (a) IN GENERAL.—Section 319F–2(c)(2)(A) of the 

4 Public Health Service Act (42 U.S.C. 247d–6b(c)(2)(A)) 

5 is amended— 

6 (1) by redesignating clauses (i) and (ii) as sub7 clauses (I) and (II), respectively; 

8 (2) by moving each of such subclauses two ems 

9 to the right; 

10 (3) by striking ‘‘(A) MATERIAL THREAT.—The 

11 Homeland Security Secretary’’ and inserting the fol12 lowing: 

13 ‘‘(A) MATERIAL THREAT.— 

14 ‘‘(i) IN GENERAL.—The Homeland 

15 Security Secretary’’; and 

16 (4) by adding at the end the following clauses: 

17 ‘‘(ii) USE OF EXISTING RISK ASSESS18 MENTS.—For the purpose of satisfying the 

19 requirements of clause (i) as expeditiously 

20 as possible, the Homeland Security Sec21 retary shall, as practicable, utilize existing 

22 risk assessments that such Secretary con23 siders credible. 

24 ‘‘(iii) ORDER OF ASSESSMENTS.— 

25 ‘‘(I) GROUPINGS TO FACILITATE

26 ASSESSMENT OF COUNTERVerDate Aug 31 2005 23:57 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5028.IH H5028

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1 MEASURES.—In conducting threat as2 sessments and determinations under 

3 clause (i) of chemical, biological, radi4 ological, and nuclear agents, the 

5 Homeland Security Secretary shall, to 

6 the extent practicable and appro7 priate, consider the completion of such 

8 assessments and determinations for 

9 groups of agents toward the goal of 

10 facilitating the assessment of counter11 measures under paragraph (3) by the 

12 Secretary of Health and Human Serv13 ices. 

14 ‘‘(II) CATEGORIES OF COUNTER15 MEASURES.—The grouping of agents 

16 under subclause (I) by the Homeland 

17 Security Secretary shall be designed 

18 to facilitate assessments under para19 graph (3) by the Secretary of Health 

20 and Human Services regarding the 

21 following two categories of counter22 measures: 

23 ‘‘(aa) Countermeasures that 

24 may address more than one 


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1 agent identified under clause 

2 (i)(II). 

3 ‘‘(bb) Countermeasures that 

4 may address adverse health con5 sequences that are common to 

6 exposure to different agents. 

7 ‘‘(III) RULE OF CONSTRUC8 TION.—A particular grouping of 

9 agents pursuant to subclause (II) is 

10 not required under such subclause to 

11 facilitate assessments of both cat12 egories of countermeasures described 

13 in such subclause. A grouping may 

14 concern one category and not the 

15 other. 

16 ‘‘(iv) TIME FRAME FOR COMPLETION

17 OF CERTAIN NATIONAL-SECURITY DETER18 MINATIONS.—With respect to chemical, bi19 ological, radiological, and nuclear agents 

20 known to the Homeland Security Secretary 

21 as of the day before the date of the enact22 ment of the Project Bioshield Material 

23 Threats Act of 2006, and which such Sec24 retary considers to be capable of signifi25 cantly affecting national security, such 


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1 Secretary shall complete the determina2 tions under clause (i)(II) not later than 

3 December 31, 2007. 

4 ‘‘(v) DEFINITION.—For purposes of 

5 this subparagraph, the term ‘risk assess6 ment’ means a scientific, technically-based 

7 analysis of agents that incorporates threat, 

8 vulnerability, and consequence informa9 tion.’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 510(d) of the Homeland Security Act of 2002 (6 U.S.C. 

12 320(d)) is amended— 

13 (1) in paragraph (1), by striking ‘‘2006,’’ and 

14 inserting ‘‘2009,’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO17 PRIATIONS REGARDING CERTAIN THREAT ASSESS18 MENTS.—For the purpose of providing an additional 

19 amount to the Secretary to assist the Secretary in 

20 meeting the requirements of clause (iv) of section 

21 319F–2(c)(2)(A)) of the Public Health Service Act 

22 (relating to time frames), there are authorized to be 

23 appropriated such sums as may be necessary for fis24 cal year 2007, in addition to the authorization of ap25 propriations established in paragraph (1). The purVerDate Aug 31 2005 23:57 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5028.IH H5028

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1 poses for which such additional amount may be ex2 pended include conducting risk assessments regard3 ing clause (i)(II) of such section when there are no 

4 existing risk assessments that the Secretary con5 siders credible.’’. 

Æ 


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