I
107TH CONGRESS
1ST SESSION
H. R. 3176
To provide for the development of protocols for uniform national responses
to public health emergencies involving dangerous biological agents or
dangerous chemicals.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 29, 2001
Mr. SMITH of New Jersey introduced the following bill; which was referred
to the Committee on Energy and Commerce
A BILL
To provide for the development of protocols for uniform
national responses to public health emergencies involving
dangerous biological agents or dangerous chemicals.
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 ‘‘Hazardous Agent
Emergency Uniform Response Act’’.
SEC. 2. PROTOCOLS FOR UNIFORM NATIONAL RESPONSES
TO PUBLIC HEALTH EMERGENCIES INVOLV-
ING DANGEROUS BIOLOGICAL AGENTS OR
DANGEROUS CHEMICALS.
(a) IN GENERAL.—
(1) 
PROTOCOLS
THROUGH
JOINT
INTER-
DEPARTMENTAL
WORKING
GROUP.—The Secretary
of Health and Human Services (in this section re-
ferred to as the ‘‘Secretary’’), in carrying out section
319F(b) of the Public Health Service Act, shall de-
velop protocols for responding to public health emer-
gencies resulting from the release of dangerous bio-
logical agents or dangerous chemicals, including the
intentional release of such agents or chemicals.
(2) CONSULTATION WITH STATES.—In carrying
out this section, the Secretary shall consult with the
States, including the chief public health officers and
the attorneys general of the States.
(b) HAZARDOUS AGENTS.—
(1) IN GENERAL.—For purposes of this section,
the term ‘‘hazardous agents’’ means dangerous bio-
logical agents and dangerous chemicals.
(2) DANGEROUS
BIOLOGICAL
AGENTS.—For
purposes of this section, the term ‘‘dangerous bio-
logical agent’’ means a biological agent or toxin
that—
(A) is on the list that is in effect pursuant
to section 511(d)(1) of the Antiterrorism and
Effective Death Penalty Act of 1996; and
(B) has not been exempted from the appli-
cability of regulations under section 511(e) of
such Act.
(3) DANGEROUS CHEMICALS.—
(A) IN GENERAL.—For purposes of this
section, the term ‘‘dangerous chemical’’ means
a chemical listed under subparagraph (B).
(B) LIST OF CHEMICALS.—Not later than
45 days after the date of the enactment of this
Act, the Secretary, in consultation with the
Chemical Safety and Hazard Investigation
Board under section 112(r)(6) of the Clean Air
Act, shall develop a list of chemicals that are
considered by the Secretary—
(i) to be substances that are known to
cause, or may reasonably be anticipated to
cause, death or other serious adverse ef-
fects on human health, which substances
shall include substances listed under sec-
tion 112(r)(3) of such Act; and
(ii) to be candidates for use by indi-
viduals who intend to cause death or other
serious adverse effects on human health by
intentionally releasing the chemicals.
(c) AGENT-SPECIFIC PROTOCOLS.—A protocol under
subsection (a) shall be developed for each hazardous
agent. Such a protocol shall include provisions specific to
the hazardous agent involved, unless the Secretary deter-
mines that the agent has no unique characteristics rel-
evant to making an adequate response to a public health
emergency resulting from the release of the agent.
(d) PRIORITIES; TIMEFRAME.—
(1) PRIORITIES.—Not later than 45 days after
the date of the enactment of this Act, the Secretary
shall with respect to the development of protocols
under subsection (a) establish priorities among haz-
ardous agents.
(2) TIMEFRAME.—Promptly after establishing
priorities under paragraph (1), the Secretary shall
begin developing a protocol under subsection (a) for
the hazardous agent assigned the highest priority. In
developing such protocol, and each other protocol
under such subsection, the Secretary shall seek to
complete development not later than 45 days after
beginning the process of development. Promptly
after completing the development of one protocol,
the Secretary shall begin developing another pro-
tocol.
(e) UNIFORMITY; TESTING; OTHER PROVISIONS.—
The provisions of a protocol under subsection (a) shall in-
clude provisions for the following:
(1) Ensuring that the protocol is applied uni-
formly in each public health emergency involving the
hazardous agent for which the protocol is developed,
subject to factual differences among emergencies.
(2) Coordinating with public and private emer-
gency response personnel, including State and local
public health officials, to provide for such uni-
formity.
(3) Providing medically appropriate information
promptly to individuals who are present at buildings
or other sites at which the public health emergency
involved occurs, including individuals with employ-
ment functions at such sites.
(4) Testing and treating affected individuals
promptly with respect to such agent.
(5) Decontaminating sites referred to in para-
graph (3).
(6) Providing for differences in responding to
an emergency according to whether the release of
the hazardous agent involved is accidental or inten-
tional.
(7) Such other provisions as the Secretary de-
termines to be appropriate.
(f) PERIODIC REVIEW.—The Secretary shall periodi-
cally review protocols under subsection (a) and shall revise
the protocols as appropriate.
(g) DEVELOPMENT EXEMPTIONS.—The requirement
under subsection (a) to develop a protocol for a hazardous
agent does not apply if the Secretary makes a determina-
tion that a protocol existing as of the date of the enact-
ment of this Act meets the requirements of this section
(which determination is referred to in this section as a
‘‘development exemption’’). Not later than 30 days after
such date of enactment, the Secretary shall submit to the
Congress a report providing a list of the hazardous agents
for which the Secretary has provided development exemp-
tions. Such an exemption may not be construed as affect-
ing the applicability of the requirements of review and re-
vision under subsection (f).
(h) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2002 through 2006. Such author-
ization of appropriations is in addition to other authoriza-
tions of appropriations that are available for such purpose.
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