[Congressional Record Volume 161, Number 119 (Monday, July 27, 2015)]
[House]
[Pages H5504-H5506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FIRST RESPONDER ANTHRAX PREPAREDNESS ACT
Mr. KING of New York. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1300) to direct the Secretary of Homeland Security
to make anthrax vaccines and antimicrobials available to emergency
response providers, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1300
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 ``First Responder Anthrax
Preparedness Act''.
SEC. 2. PRE-EVENT ANTHRAX VACCINATION PROGRAM FOR EMERGENCY
RESPONSE PROVIDERS.
(a) Anthrax Preparedness.--
(1) In general.--Title V of the Homeland Security Act of
2002 (Public Law 107-296; 6 U.S.C. 311 et seq.) is amended by
adding at the end the following new section:
``SEC. 526. ANTHRAX PREPAREDNESS.
``(a) Pre-event Anthrax Vaccination Program for Emergency
Response Providers.--For the purpose of domestic preparedness
for and collective response to terrorism, the Secretary, in
coordination with the Secretary of Health and Human Services,
shall establish a program to provide anthrax vaccines from
the strategic national stockpile under section 319F-2(a) of
the Public Health Service Act (42 U.S.C. 247d-6b(a)) that
will be nearing the end of their labeled dates of use at the
time such vaccines are to be administered to emergency
response providers who are at high risk of exposure to
anthrax and who voluntarily consent to such administration,
and shall--
``(1) establish any necessary logistical and tracking
systems to facilitate making such vaccines so available;
``(2) distribute disclosures regarding associated benefits
and risks to end users; and
``(3) conduct outreach to educate emergency response
providers about the voluntary program.
``(b) Threat Assessment.--The Secretary shall--
``(1) support homeland security-focused risk analysis and
risk assessments of the threats posed by anthrax from an act
of terror;
``(2) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance
prevention, protection, response, and recovery efforts with
respect to an anthrax terror attack; and
``(3) share information and provide tailored analytical
support on threats posed by anthrax to State, local, and
tribal authorities, as well as other national biosecurity and
biodefense stakeholders.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting at the end of the
items relating to title V the following new item:
``Sec. 526. Anthrax preparedness.''.
(b) Pilot Program.--
(1) In general.--In carrying out the pre-event vaccination
program authorized in section 526(a) of the Homeland Security
Act of 2002, as added by subsection (a), the Secretary of
Homeland Security, in coordination with the Secretary of
Health and Human Services, shall carry out a pilot program to
provide anthrax vaccines to emergency response providers as
so authorized. The duration of the pilot program shall be 24
months from the date the initial vaccines are administered to
participants.
(2) Preliminary requirements.--By not later than one year
after the date of the enactment of this Act, and prior to
implementing the pilot program under paragraph (1), the
Secretary of Homeland Security shall--
(A) establish a communication platform for the pilot
program;
(B) establish education and training modules for the pilot
program;
(C) conduct economic analysis of the pilot program; and
(D) create a logistical platform for the anthrax vaccine
request process under the pilot program.
(3) Location.--In carrying out the pilot program under this
subsection, the Secretary of Homeland Security shall select
emergency response providers based in at least two States for
participation in the pilot program.
(4) Distribution of information.--The Secretary of Homeland
Security shall provide to each emergency response provider
who participates in the pilot program under this subsection
disclosures and educational materials regarding the
associated benefits and risks of any vaccine provided under
the pilot program and of exposure to anthrax.
(5) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until one year
after the completion of the pilot program, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the progress and results of the pilot program, including the
percentage of eligible emergency response providers, as
determined by each pilot location, that volunteer to
participate, the degree to which participants obtain
necessary vaccinations, as appropriate, and recommendations
to improve initial and recurrent participation in the pilot
program. The report shall include a plan under which the
Secretary plans to continue the program to provide vaccines
to emergency response providers under section 526(a) of the
Homeland Security Act of 2002, as added by subsection (a).
(6) Deadline for implementation.--The Secretary of Homeland
Security shall begin implementing the pilot program under
this subsection by not later than the date that is one year
after the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. King) and the gentlewoman from New York (Miss Rice) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days within which to revise and extend their
remarks and include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KING of New York. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of H.R. 1300, the First Responder Anthrax
Preparedness Act, which I introduced along with my good friend and
colleague from New Jersey, Bill Pascrell. This important, bipartisan
legislation will ensure that emergency response providers have access
to preevent anthrax vaccines.
An anthrax attack is a serious mass casualty threat. Our national
response
[[Page H5505]]
capability to a wide-area anthrax attack would be greatly enhanced by
having prevaccinated responders able to deploy immediately and
confidently, knowing that they have been afforded as much protection as
possible.
To achieve that goal, this legislation establishes a preevent anthrax
vaccination program to provide surplus anthrax vaccines from the
Strategic National Stockpile to emergency response providers on a
voluntary basis. In advance of the full vaccination program, the bill
directs the Secretary of DHS to carry out a pilot program. Both the
preevent vaccination program and the pilot program are required to have
robust communication, education, and training for program participants.
The bill requires a report on the progress of the pilot and directs
the Department of Homeland Security to conduct risk assessments
regarding anthrax terror attacks and to share threat information with
State and local law enforcement.
The Department has been working for over 3 years on establishing a
preevent vaccination effort for first responders, but the project has
been continually stalled. I am encouraged that DHS has hired a
vaccination expert from the Department of Defense to take over the
effort, and I believe that the mandates in this legislation will ensure
that the pilot program moves forward.
I would like to thank Committee on Homeland Security Chairman McCaul
and Ranking Member Thompson, along with Chairman McSally and Ranking
Member Don Payne of the committee's Subcommittee on Emergency
Preparedness, Response, and Communications for their leadership on this
issue and their work to advance this bill to the floor. I also want to
thank Homeland Security Committee staff Kerry Kinirons, Kate Nichols,
and Rosanna Muno.
And this is significant, Mr. Speaker. I want to thank Chairman Upton
and his staff at Energy and Commerce, Carly McWilliams and Karen
Christian, for working with us on this bill. This bill is a great
example of how committees can and should work together to advance
commonsense legislation and not get involved in turf battles.
I will include the letters exchanged by Chairman McCaul and Chairman
Upton on H.R. 1300 in the Record.
H.R. 1300 has 50 bipartisan cosponsors and is supported by the
International Association of Fire Chiefs, the International Association
of EMS Chiefs, and the Alliance for Biosecurity.
I urge all Members to join me in supporting this bill, which will
help to ``protect our protectors,'' and I reserve the balance of my
time.
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, July 21, 2015.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman McCaul: I write in regard to H.R. 1300, First
Responder Anthrax Preparedness Act, which was ordered to be
reported by the Committee on Homeland Security on May 20,
2015. As you are aware, the bill also was referred to the
Committee on Energy and Commerce. I wanted to notify you that
the Committee on Energy and Commerce will forgo action on
H.R. 1300 so that it may proceed expeditiously to the House
floor for consideration.
This is done with the understanding that the Committee on
Energy and Commerce's jurisdictional interests over this and
similar legislation are in no way diminished or altered. In
addition, the Committee reserves the right to seek conferees
on H.R. 1300 and requests your support when such a request is
made.
I would appreciate your response confirming this
understanding with respect to H.R. 1300 and ask that a copy
of our exchange of letters on this matter be included in the
Congressional Record during consideration of the bill on the
House floor.
Sincerely,
Fred Upton,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, July 22, 2015.
Hon. Fred Upton,
Chairman, Committee on Energy on Commerce, Washington, DC.
Dear Chairman Upton, Thank you for your letter regarding
H.R. 1300, the ``First Responder Anthrax Preparedness Act.''
I appreciate your support in bringing this legislation before
the House of Representatives, and accordingly, understand
that the Committee on Energy and Commerce will forego
consideration of the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing consideration on this bill at
this time, the Committee on Energy and Commerce does not
waive any jurisdiction over the subject matter contained in
this bill or similar legislation in the future. In addition,
should a conference on this bill be necessary, I would
support a request by the Committee on Energy and Commerce for
conferees on those provisions within your jurisdiction.
I will insert copies of this exchange in the Congressional
Record during consideration of this bill on the House floor.
I thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
{time} 1700
Miss RICE of New York. Mr. Speaker, I yield myself such time as I may
consume, and I rise in strong support of H.R. 1300, the First Responder
Anthrax Preparedness Act.
Mr. Speaker, I want to begin by commending my colleague from New
York, my good friend, Mr. King, for working to make sure we are
prepared to respond to an event involving a weapon of mass destruction.
For nearly a decade, Mr. King and Mr. Pascrell have partnered to
improve our ability to prevent, prepare for, and respond to WMD
incidents; and I am pleased to be here today to help advance part of
that agenda.
As the Capitol Hill community witnessed just over a decade ago, even
a relatively small-scale anthrax attack can be devastating. An anthrax
attack on a larger scale would not only result in more sick people, but
would also demand a larger response effort that could stretch our
emergency response capabilities.
Although we typically think about our WMD policies at the national
level, it is important to remember that the initial response to an
anthrax event is local. We have an obligation to make sure that those
who are called upon to respond to an anthrax attack can do so without
jeopardizing their own health in the process.
As a member of the Emergency Preparedness Subcommittee, I have heard
from emergency responders about what they need to effectively respond
to an anthrax attack.
I have also had conversations with first responders in my own
district, and what I have heard repeatedly is that first responders
need access to preevent vaccinations so that, if and when the time
comes, they can respond swiftly without fear for their own health.
These are the men and women we will rely on in the event of a WMD
incident, the men and women we will call on to risk their lives, as
they do every day; and they deserve every layer of protection we can
provide.
H.R. 1300 would direct the Secretary of Homeland Security to
establish a program to provide surplus anthrax vaccines and
antimicrobials to emergency response providers, on a voluntary basis,
before an attack occurs.
This legislation has the support of the International Association of
Fire Chiefs, the International Association of Emergency Medical
Services Chiefs, and the Alliance for Biosecurity.
In my opinion, a program like this is long overdue, and I want to
thank Mr. King and Mr. Pascrell for their leadership in working to make
it a reality.
I urge my colleagues to support the First Responder Anthrax
Preparedness Act, and I reserve the balance of my time.
Mr. KING of New York. Mr. Speaker, I reserve the balance of my time.
Miss RICE of New York. Mr. Speaker, I yield 3 minutes to the
gentleman from New Jersey (Mr. Pascrell).
Mr. PASCRELL. Mr. Speaker, I want to say to my brother, Peter King,
we wouldn't be here except for you. We have talked about this thing for
10 years; more than that, Peter, through the chair, and we have
insisted. I am proud to introduce this legislation with my friend,
Congressman King.
It is critical that first responders have access to stockpiled
vaccines so that they can respond quickly and confidently in the event
of a biological threat.
Just weeks ago, we were reminded of the grave danger that anthrax
poses and the need for an effective response--a strategy--when live
anthrax was mistakenly shipped to dozens of labs all over the place.
This is not a hypothetical danger, Mr. Speaker. Some of us remember
when anthrax was mailed to some of our colleagues' offices in 2001.
Several staffers were impacted. We shut down
[[Page H5506]]
the Longworth House Office Building to decontaminate it. Packages were
sent to other locations. Twenty-two Americans were infected; 5 were
killed, and here we are, 14 years later.
For over a decade, Congressman King and I have been fighting to
develop a comprehensive national strategy to counter the grave threat
that weapons of mass destruction pose to our Nation.
According to the former chief medical officer and assistant secretary
of the Office of Health Affairs at the Department of Homeland Security,
Alexander Garza:
A successful anthrax attack could potentially expose
hundreds of thousands of people, cause illness, death, panic,
economic losses . . . making this a weapon of mass disruption
as well as destruction.
By passing this legislation, we will expand our national response
capability by administering surpluses and expiring anthrax vaccines and
antimicrobials to emergency first responders on a voluntary basis.
Making expiring anthrax vaccines from the Strategic National
Stockpile available to emergency first responders provides a cost-
effective solution.
It is important that we pass this legislation. I want to thank all of
those who made it possible to get here today; and hopefully, in a few
weeks, when we get back, we will have a big WMD legislation on this
floor.
Mr. KING of New York. Mr. Speaker, I have no more speakers. If Miss
Rice has no further speakers, I am prepared to close after she closes.
I reserve the balance of my time.
Miss RICE of New York. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, we have a responsibility to protect the men and women we
call on to protect the public when disaster strikes. H.R. 1300 is
commonsense legislation. It will provide emergency responders with
anthrax vaccines from the Strategic National Stockpile that are
approaching their expiration.
Certainly, our hope is that our emergency responders will never have
to respond to an anthrax attack, but they deserve to know that, if that
call ever does come, they can respond without fear for their own
safety.
Once again, I would like to congratulate my colleagues from New York
and New Jersey on this legislation. I urge my colleagues to support
this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. KING of New York. Mr. Speaker, I once again urge my colleagues to
support this bipartisan legislation. Let me emphasize the bipartisan
nature of it.
Bill Pascrell has been there from the start. He referenced the
anthrax attacks here in the Capitol back in 2001. None of us who was
here at that time will ever, ever forget that. That should have been a
wakeup call then. Unfortunately, not enough action was taken. Now,
finally, after all these years, we are taking this first major step.
I want to thank Bill Pascrell for being there. I want to thank Miss
Rice for the whole tone of the debate here this afternoon.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Holding). The question is on the motion
offered by the gentleman from New York (Mr. King) that the House
suspend the rules and pass the bill, H.R. 1300, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. KING of New York. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________