I 

110TH CONGRESS 

1ST SESSION H. R. 1089 

To amend the Public Health Service Act to require the Secretary of Homeland 

Security to improve and expedite the assessment and determination of 

current and emerging chemical, biological, radiological and nuclear material threats, to group such agents to facilitate the assessment and acquisition of countermeasures that would address more than one of such 

agents or adverse health consequences common to exposure to different 

agents, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2007 

Mr. LANGEVIN (for himself, Mr. MCCAUL of Texas, Mr. THOMPSON of Mississippi, Mr. KING of New York, Mr. DICKS, Mr. SHAYS, Ms. ZOE

LOFGREN of California, Mr. TOM DAVIS of Virginia, Ms. JACKSON-LEE

of Texas, Mr. DENT, Mrs. CHRISTENSEN, Mr. DAVID DAVIS of Tennessee, and Mr. LINDER) 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 require the 

Secretary of Homeland Security to improve and expedite 

the assessment and determination of current and emerging chemical, biological, radiological and nuclear material 

threats, to group such agents to facilitate the assessment 

and acquisition of countermeasures that would address 

more than one of such agents or adverse health conmstockstill on PROD1PC66 with BILLS

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sequences common to exposure to different agents, and 

for other purposes. 

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 2007’’. 

6 SEC. 2. MATERIAL THREATS. 

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

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

9 is amended— 

10 (1) by redesignating clauses (i) and (ii) as sub11 clauses (I) and (II), respectively; 

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

13 to the right; 

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

15 Homeland Security Secretary’’ and inserting the fol16 lowing: 

17 ‘‘(A) MATERIAL THREAT.— 

18 ‘‘(i) IN GENERAL.—The Homeland 

19 Security Secretary’’; and 

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

21 ‘‘(ii) USE OF EXISTING RISK ASSESS22 MENTS.—For the purpose of satisfying the 

23 requirements of clause (i) as expeditiously 

24 as possible, the Homeland Security Secmstockstill on PROD1PC66 with BILLS

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1 retary shall, as practicable, utilize existing 

2 risk assessments that such Secretary con3 siders credible. 

4 ‘‘(iii) ORDER OF ASSESSMENTS.— 

5 ‘‘(I) GROUPINGS TO FACILITATE

6 ASSESSMENT OF COUNTER7 MEASURES.—In conducting threat as8 sessments and determinations under 

9 clause (i) of chemical, biological, radi10 ological, and nuclear agents, the 

11 Homeland Security Secretary shall, to 

12 the extent practicable and appro13 priate, consider the completion of such 

14 assessments and determinations for 

15 groups of agents toward the goal of 

16 facilitating the assessment of counter17 measures under paragraph (3) by the 

18 Secretary of Health and Human Serv19 ices. 

20 ‘‘(II) CATEGORIES OF COUNTER21 MEASURES.—The grouping of agents 

22 under subclause (I) by the Homeland 

23 Security Secretary shall be designed 

24 to facilitate assessments under para25 graph (3) by the Secretary of Health 

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1 and Human Services regarding the 

2 following two categories of counter3 measures: 

4 ‘‘(aa) Countermeasures that 

5 may address more than one 

6 agent identified under clause 

7 (i)(II). 

8 ‘‘(bb) Countermeasures that 

9 may address adverse health con10 sequences that are common to 

11 exposure to different agents. 

12 ‘‘(III) RULE OF CONSTRUC13 TION.—A particular grouping of 

14 agents pursuant to subclause (II) is 

15 not required under such subclause to 

16 facilitate assessments of both cat17 egories of countermeasures described 

18 in such subclause. A grouping may 

19 concern one category and not the 

20 other. 

21 ‘‘(iv) TIME FRAME FOR COMPLETION

22 OF CERTAIN NATIONAL-SECURITY DETER23 MINATIONS.—With respect to chemical, bi24 ological, radiological, and nuclear agents 

25 known to the Homeland Security Secretary 

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1 as of the day before the date of the enact2 ment of this clause, and which such Sec3 retary considers to be capable of signifi4 cantly affecting national security, such 

5 Secretary shall complete the determina6 tions under clause (i)(II) not later than 

7 December 31, 2007. 

8 ‘‘(v) REPORT TO CONGRESS.—Not 

9 later than 30 days after the date on which 

10 the Homeland Security Secretary com11 pletes a material threat assessment under 

12 clause (i) or a risk assessment for the pur13 pose of satisfying such clause, the Sec14 retary shall submit to Congress a report 

15 containing the results of such assessment. 

16 ‘‘(vi) DEFINITION.—For purposes of 

17 this subparagraph, the term ‘risk assess18 ment’ means a scientific, technically-based 

19 analysis of agents that incorporates threat, 

20 vulnerability, and consequence informa21 tion.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 521(d) of the Homeland Security Act of 2002 (6 U.S.C. 

24 321–j(d)) is amended— 

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

2 inserting ‘‘2009,’’; and 

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

4 ‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO5 PRIATIONS REGARDING CERTAIN THREAT ASSESS6 MENTS.—For the purpose of providing an additional 

7 amount to the Secretary to assist the Secretary in 

8 meeting the requirements of clause (iv) of section 

9 319F–2(c)(2)(A)) of the Public Health Service Act 

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

11 appropriated such sums as may be necessary for fis12 cal year 2008, in addition to the authorization of ap13 propriations established in paragraph (1). The pur14 poses for which such additional amount may be ex15 pended include conducting risk assessments regard16 ing clause (i)(II) of such section when there are no 

17 existing risk assessments that the Secretary con18 siders credible.’’. 

Æ 

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