I 
109TH CONGRESS 
2D SESSION 
H. R. 5028 
To amend the Public Health Service Act to improve and expedite the assess-
ment 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 re-
ferred to the Committee on Homeland Security, and in addition to the 
Committee on Energy and Commerce, for a period to be subsequently de-
termined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Project Bioshield Ma-
terial Threats Act of 2006’’. 
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SEC. 2. BIOSHIELD PROGRAM; MODIFICATIONS REGARD-
ING MATERIAL THREATS. 
(a) IN GENERAL.—Section 319F–2(c)(2)(A) of the 
Public Health Service Act (42 U.S.C. 247d–6b(c)(2)(A)) 
is amended— 
(1) by redesignating clauses (i) and (ii) as sub-
clauses (I) and (II), respectively; 
(2) by moving each of such subclauses two ems 
to the right; 
(3) by striking ‘‘(A) MATERIAL THREAT.—The 
Homeland Security Secretary’’ and inserting the fol-
lowing: 
‘‘(A) MATERIAL THREAT.— 
‘‘(i) IN
GENERAL.—The Homeland 
Security Secretary’’; and 
(4) by adding at the end the following clauses: 
‘‘(ii) USE OF EXISTING RISK ASSESS-
MENTS.—For the purpose of satisfying the 
requirements of clause (i) as expeditiously 
as possible, the Homeland Security Sec-
retary shall, as practicable, utilize existing 
risk assessments that such Secretary con-
siders credible. 
‘‘(iii) ORDER OF ASSESSMENTS.— 
‘‘(I) GROUPINGS TO FACILITATE 
ASSESSMENT
OF
COUNTER-
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MEASURES.—In conducting threat as-
sessments and determinations under 
clause (i) of chemical, biological, radi-
ological, and nuclear agents, the 
Homeland Security Secretary shall, to 
the extent practicable and appro-
priate, consider the completion of such 
assessments and determinations for 
groups of agents toward the goal of 
facilitating the assessment of counter-
measures under paragraph (3) by the 
Secretary of Health and Human Serv-
ices. 
‘‘(II) CATEGORIES OF COUNTER-
MEASURES.—The grouping of agents 
under subclause (I) by the Homeland 
Security Secretary shall be designed 
to facilitate assessments under para-
graph (3) by the Secretary of Health 
and Human Services regarding the 
following two categories of counter-
measures: 
‘‘(aa) Countermeasures that 
may address more than one 
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agent identified under clause 
(i)(II). 
‘‘(bb) Countermeasures that 
may address adverse health con-
sequences that are common to 
exposure to different agents. 
‘‘(III) 
RULE
OF
CONSTRUC-
TION.—A 
particular 
grouping 
of 
agents pursuant to subclause (II) is 
not required under such subclause to 
facilitate assessments of both cat-
egories of countermeasures described 
in such subclause. A grouping may 
concern one category and not the 
other. 
‘‘(iv) TIME FRAME FOR COMPLETION 
OF CERTAIN NATIONAL-SECURITY DETER-
MINATIONS.—With respect to chemical, bi-
ological, radiological, and nuclear agents 
known to the Homeland Security Secretary 
as of the day before the date of the enact-
ment of the Project Bioshield Material 
Threats Act of 2006, and which such Sec-
retary considers to be capable of signifi-
cantly affecting national security, such 
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Secretary shall complete the determina-
tions under clause (i)(II) not later than 
December 31, 2007. 
‘‘(v) DEFINITION.—For purposes of 
this subparagraph, the term ‘risk assess-
ment’ means a scientific, technically-based 
analysis of agents that incorporates threat, 
vulnerability, and consequence informa-
tion.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
510(d) of the Homeland Security Act of 2002 (6 U.S.C. 
320(d)) is amended— 
(1) in paragraph (1), by striking ‘‘2006,’’ and 
inserting ‘‘2009,’’; and 
(2) by adding at the end the following: 
‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO-
PRIATIONS
REGARDING
CERTAIN
THREAT
ASSESS-
MENTS.—For the purpose of providing an additional 
amount to the Secretary to assist the Secretary in 
meeting the requirements of clause (iv) of section 
319F–2(c)(2)(A)) of the Public Health Service Act 
(relating to time frames), there are authorized to be 
appropriated such sums as may be necessary for fis-
cal year 2007, in addition to the authorization of ap-
propriations established in paragraph (1). The pur-
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poses for which such additional amount may be ex-
pended include conducting risk assessments regard-
ing clause (i)(II) of such section when there are no 
existing risk assessments that the Secretary con-
siders credible.’’. 
Æ 
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