[Congressional Record Volume 155, Number 185 (Thursday, December 10, 2009)]
[Senate]
[Pages S12911-S12912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PRYOR:
  S. 2863. A bill to provide that an outbreak of infectious disease or 
act of terrorism may be a major disaster under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 et seq.), 
and for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. PRYOR. Mr. President, I rise today to introduce two pieces of 
legislation to address gaps in our preparedness and ability to respond 
to widespread infectious disease outbreaks and biological attacks.
  The H1N1 outbreak demonstrated to us how investments in pandemic 
preparedness activities, such as the creation of pandemic influenza 
strategies, can lessen the effects of a pandemic and improve our 
response. However, we have learned from the H1N1 pandemic that we still 
have gaps in our ability to prepare for and respond to these types of 
events and that state and local entities are uncertain in their 
abilities to respond to a more severe event.
  Apart from shortcomings in government coordination and planning, 
there is also a glaring deficiency in an important statute that 
underpins our nation's response to disasters. When a natural disaster 
such as flooding in Arkansas occurs, local and State government 
resources can be quickly overextended. When that occurs a governor can 
request and the President can issue a major disaster declaration, which 
triggers the maximum amount of resources from the Federal disaster 
response system.
  Sometimes the system works well and other times not as well, but we 
know for certain that without a disaster declaration and effective 
Federal intervention a natural disaster can have devastating effects on 
life, property, and our economy.
  Unfortunately, due to a lack of clarification of the definition of a 
major disaster in the Stafford Act, there is no precedent for the 
President to issue a major disaster declaration when local medical 
resources are overwhelmed by the exponential spread of life-threatening 
diseases, or alternatively, a deliberate biological attack by 
terrorists. The bills that I am introducing today will help to address 
preparedness shortcomings as well as the deficiency in law.
  My first bill, S. 2863, entitled The Emergency Response Act, 
addresses this shortcoming in law. It will ensure the Federal 
Government can provide the maximum amount of support to State and local 
governments by allowing pandemics, acts of terrorism or other man-made 
disasters to be considered a major disaster under the Stafford Act. 
This clarification in law will permit the President to issue a major 
disaster declaration and allow Federal agencies to coordinate their 
efforts, give technical assistance, give advisory assistance, and work 
with local authorities and people in the private sector for events such 
as pandemics, biological attacks or chemical releases.
  The second bill, S. 2864, entitled The Defense Against Infectious 
Disease Act, requires the Federal government to periodically update the 
National Strategy for Pandemic Influenza and the National Pandemic 
Implementation plan with the assistance of State, Local and Tribal 
stakeholders in order to ensure our preparedness plans are up to date 
and incorporate the latest technologies, medical developments and 
logistical challenges.
  This bill addresses concerns raised by the U.S. Government 
Accountability Office about both the completeness of these emergency 
plans and the need for them to be updated. Most Americans may not even 
know that these emergency plans exist, but they do understand that 
strong planning is the foundation for effective action. An out-of-date 
plan is not a plan, and after watching the spread of H1N1 and the 
missteps in our government's response, Americans can easily imagine 
what it would be like in the event of an even more serious disease 
outbreak, and the importance of planning for such an emergency.
  This bill will also help address the situation I described previously 
in which a severe infectious disease outbreak can overwhelm our local 
medical facilities, many of which have limited resources to handle even 
their every day needs. To address situations which will over extend 
local resources, my bill also requires the Federal Government to 
identify alternative medical care facilities and other resources such 
as medical equipment, daily supplies and personnel to ensure we know 
what assets we have to help State and local communities.
  The idea here is preparation. We should make the best of the H1N1 
outbreak and learn from this experience. That is why I introduced the 
Emergency Response Act and the Defense Against Infectious Diseases Act. 
I ask that my colleagues support these bills to ensure that we are 
prepared for the next pandemic.
  Mr. President, I ask unanimous consent that a bill summary be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page S12912]]

                 Emergency Response Act of 2009 Summary

       The Emergency Response Act of 2009 is intended to improve 
     response to infectious disease outbreaks, acts of terrorism 
     and other disasters.
       Section 2 of the legislation amends the Robert T. Stafford 
     Disaster Relief and Emergency Assistant Act to provide that a 
     pandemic, act of terrorism or other manmade disaster be 
     considered a trigger to issue a ``major disaster'' 
     declaration under the Act. Section 3 creates a working group 
     under the auspices of the Secretary of Homeland Security to 
     prepare recommendations for facilitating the dissemination of 
     public health information to State fusion centers and the 
     greater homeland security community.

        Defense Against Infectious Diseases Act of 2009 Summary

       The Defense Against Infectious Disease Act of 2009 is 
     intended to address gaps in preparedness in the event of a 
     significant outbreak of an infectious disease.
       Section 3 of the legislation directs that a consortium of 
     state, local, and tribal representatives be convened to 
     assess the adequacy of existing guidance and support in the 
     National Strategy for Pandemic Influenza and National 
     Strategy for Pandemic Influenza Implementation plans. Section 
     4 directs the Secretary of Health and Human Services in 
     coordination with the Secretary of Homeland Security to 
     identify alternative medical care facilities and resources 
     available to locate and distribute both medical and non-
     medical supplies to support communities over extended by an 
     infectious disease outbreak. Section 5 directs GAO to prepare 
     a report describing the roles and responsibilities, 
     capabilities and coordination of federal government assets in 
     place across various departments for responding to infectious 
     disease outbreaks and biological attacks.
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