[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6017 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6017
To amend the Public Health Service Act to ensure that the Federal
Government has independent, peer-reviewed scientific data and
information to assess short-term and long-term direct and indirect
impacts on the health of oil spill clean-up workers and vulnerable
residents resulting from the Deepwater Horizon oil spill, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2010
Mrs. Capps introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to ensure that the Federal
Government has independent, peer-reviewed scientific data and
information to assess short-term and long-term direct and indirect
impacts on the health of oil spill clean-up workers and vulnerable
residents resulting from the Deepwater Horizon oil spill, and for other
purposes.
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 ``Gulf Coast Health Monitoring and
Research Program Act of 2010''.
SEC. 2. GULF COAST HEALTH MONITORING AND RESEARCH PROGRAM.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-5. GULF COAST HEALTH MONITORING AND RESEARCH PROGRAM.
``(a) In General.--To ensure that the Federal Government has
independent, peer-reviewed scientific data and information to assess
short-term and long-term direct and indirect impacts on the health of
oil spill clean-up workers and vulnerable residents resulting from the
Deepwater Horizon oil spill, the Secretary, in consultation with the
Secretary of Labor, the Secretary of Commerce, and the Administrator of
the Environmental Protection Agency, shall establish as soon as
practicable after date of enactment of this section, a short-term and
long-term comprehensive health screening, monitoring, and research
program of oil spill workers and vulnerable residents, and of food
safety affected by the oil spill in the Gulf of Mexico.
``(b) Scope of Program.--The program established under subsection
(a) shall at a minimum include screening affected individuals for
physical and behavioral health effects from the oil spill and the
collection of exposure and health effects data on a statistically
robust cohort of workers and vulnerable residents. In addition, this
program shall include research on food safety of Gulf Coast seafood and
the fresh water supply. This program shall coordinate with other
Federal agencies, including the National Oceanic and Atmospheric
Administration, the Occupational Safety and Health Administration, and
the Environmental Protection Agency, to ensure that health-related data
from exposures related to the oil spill or clean-up efforts in the
possession of such agencies is made available to the program. Data
collected by or on behalf of BP PLC shall also be included.
``(c) Research Advisory Committee.--
``(1) Establishment.--Not later than 60 days after the date
of enactment of this section, the Secretary shall appoint an
independent technical advisory committee to be known as the
Gulf Coast Health Research Advisory Committee.
``(2) Purpose.--The purpose of the Advisory Committee shall
be--
``(A) to offer high quality scientific research
advice to the program established under this section,
including proactive advice regarding each agency's
long-term monitoring and research objectives relating
to workers and vulnerable residents at risk from the
Deepwater Horizon disaster and other oil spills; and
``(B) to provide a forum for ensuring that health
concerns of workers and the public are considered in
determining the priorities for scientific research.
``(3) Membership.--
``(A) Composition.--The Advisory Committee shall be
composed of at least 10 but not more than 15 members.
Members shall be qualified by education, training, and
experience to provide scientific and technical advice
with regard to environmental health and occupational
health methods and research, including epidemiology,
dose reconstruction, toxicology, risk and health
communication, and medical ethics. At least 4 members
shall be representative of the concerned and affected
populations, including 1 member to represent commercial
fishermen who were part of the Vessel of Opportunities
program organized by BP PLC to recruit boat owners to
assist in the response to the Deepwater Horizon oil
spill, 1 member to represent other workers involved in
cleanup of spill, and 2 members to represent the
potentially affected public in Gulf coastal
communities. Consultants and nonvoting liaison
representatives may be invited as needed.
``(B) Appointment and terms.--The Secretary shall
appoint Advisory Committee members, including a chair
and vice chair to the Advisory Committee. Each term of
a member's service on the Advisory Committee shall be 3
years, except for initial terms, which may be up to 5
years in length to allow staggering. Members may be
reappointed and may serve after expiration of their
terms until their successors have been seated on the
Advisory Committee.
``(C) Conflicts of interest.--The Secretary shall
establish requirements to ensure that members of the
Advisory Committee do not have any conflicts of
interest.
``(4) Duties.--The Advisory Committee shall--
``(A) provide advice on the development and
implementation of the health research program;
``(B) respond to requests for advice from the
appropriate Federal official on matters within the
Advisory Committee's expertise; and
``(C) as appropriate, review reports or other
documents submitted to the appropriate Federal
officials pursuant to this section to obtain
information on protecting the health and safety of
cleanup workers and vulnerable communities.
``(d) Cooperation and Consultation.--In developing the research and
monitoring program established under subsection (a), the Secretary
shall consult with related agencies in the Department of Labor
(including the Occupational Safety and Health Administration), the
Department of Commerce (including the National Oceanic and Atmospheric
Administration), and the Environmental Protection Agency, and shall
consult with--
``(1) appropriate representatives from the Gulf Coast
States and localities;
``(2) local and State health department officials;
``(3) academic institutions and other research
organizations;
``(4) worker representatives, community representatives,
and other members of the Gulf Coast communities; and
``(5) other experts with expertise in human health and
environmental monitoring and research.
``(e) Duties.--The primary duty of the program established in
section (a) is to implement and carry out the health program, including
collecting baseline health information, and conducting health
screening, monitoring, surveillance, and research. The program
specifically shall include the following research elements:
``(1) Exposure of workers and vulnerable residents to oil,
dispersants, and other chemicals and physical hazards during
the clean-up effort, including--
``(A) information about the use of personal
protective equipment;
``(B) biological sampling where appropriate; and
``(C) information on such exposure of workers and
vulnerable residents who may be more susceptible to
environmental health impacts due to their age,
preexisting health status, pregnancy status, or other
factors determined by the Secretary.
``(2) Acute health symptoms or biological findings during
the active clean-up period.
``(3) Reproductive effects or effects on fetal or infant
development, where relevant.
``(4) Chronic health effects, including genetic and
immunological alterations in cells and tissues.
``(5) Mental health effects, including stress, anxiety,
depression, PTSD, and related symptoms.
``(6) Levels of elevated hazardous substances in Gulf Coast
seafood and local fresh water sources.
``(7) Other elements considered necessary by the Secretary
to ensure a comprehensive environmental health research and
monitoring program--
``(A) to comprehend and understand the implications
to worker and public health caused by the Deepwater
Horizon oil spill; and
``(B) to make such recommendations to the Secretary
as may assist in improving the response to, and
management and monitoring of, any future oil spills.
``(f) Report.--No later than 1 year after the establishment of the
program under subsection (a), and biennially thereafter, the Secretary
shall forward to the Congress and make available to the public a
comprehensive report summarizing the activities and findings of the
program and detailing areas and issues requiring future monitoring and
research. Reports shall continue for at least 20 years after the date
of enactment of this section, and the Secretary may extend the
reporting provision beyond this initial period based upon a
determination that additional monitoring and research is warranted.
After 3 years, the Advisory Committee shall issue a report, forwarded
to the Congress and made available to the public, examining lessons
learned and a blueprint of best practices to handle future
environmental health disasters, including strategies for rapid
deployment of data collection and health monitoring and registering of
individuals exposed to the environmental health disaster.
``(g) Disclosure Authority.--The Secretary may by order compel BP
PLC to provide health-related data and information collected by or on
behalf of BP PLC, except to the extent such data or information is
protected from disclosure under Federal law.
``(h) Availability of Data.--The Secretary shall maintain and
archive information obtained or generated through the program
established under subsection (a) in a manner that will facilitate use
of such information for the health monitoring and research purposes of
the program and ensure that it is accessible and available to
governmental and nongovernmental personnel for relevant research in
accordance with applicable State and Federal law. Individual health
information shall be handled in a manner that will protect individual
patient confidentiality.
``(i) Definitions.--For the purposes of this section--
``(1) the term `Gulf Coast State' means each of the States
of Texas, Louisiana, Mississippi, Alabama, and Florida;
``(2) the term `Advisory Committee' means the Gulf Coast
Health Research Advisory Committee established under subsection
(c).
``(3) the term `vulnerable residents' means individuals who
live in Gulf Coast States in areas where they may be exposed to
hazardous substances related to the oil spill; and
``(4) the term `workers' means paid or volunteer staff
participating in the Deepwater Horizon oil spill cleanup.''.
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