[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.

                          ____________________