[Congressional Record Volume 162, Number 164 (Wednesday, November 16, 2016)]
[Senate]
[Pages S6416-S6417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5108. Mr. McCONNELL (for Ms. Heitkamp) proposed an amendment to 
the bill S. 1808, to require the Secretary of Homeland Security to 
conduct a Northern Border threat analysis, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Northern Border Security 
     Review Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on Appropriations of the House of 
     Representatives; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.

     SEC. 3. NORTHERN BORDER THREAT ANALYSIS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a Northern Border threat analysis to the 
     appropriate congressional committees that includes--
       (1) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (A) to enter the United States through the Northern Border; 
     or
       (B) to exploit border vulnerabilities on the Northern 
     Border;
       (2) improvements needed at and between ports of entry along 
     the Northern Border--
       (A) to prevent terrorists and instruments of terrorism from 
     entering the United States; and
       (B) to reduce criminal activity, as measured by the total 
     flow of illegal goods, illicit drugs, and smuggled and 
     trafficked persons moved in either direction across to the 
     Northern Border;
       (3) gaps in law, policy, cooperation between State, tribal, 
     and local law enforcement, international agreements, or 
     tribal agreements that hinder effective and efficient border 
     security, counter-terrorism, anti-human smuggling and 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border; and
       (4) whether additional U.S. Customs and Border Protection 
     preclearance and preinspection operations at ports of entry 
     along the Northern Border could help prevent terrorists and 
     instruments of terror from entering the United States.
       (b) Analysis Requirements.--For the threat analysis 
     required under subsection (a), the Secretary of Homeland 
     Security shall consider and examine--
       (1) technology needs and challenges;
       (2) personnel needs and challenges;
       (3) the role of State, tribal, and local law enforcement in 
     general border security activities;
       (4) the need for cooperation among Federal, State, tribal, 
     local, and Canadian law enforcement entities relating to 
     border security;
       (5) the terrain, population density, and climate along the 
     Northern Border; and
       (6) the needs and challenges of Department facilities, 
     including the physical approaches to such facilities.
       (c) Classified Threat Analysis.--To the extent possible, 
     the Secretary of Homeland Security shall submit the threat 
     analysis required under subsection (a) in unclassified form. 
     The Secretary may submit a portion of the threat analysis in 
     classified form if the Secretary determines that such form is 
     appropriate for that portion.
                                 ______
                                 
  SA 5109. Mr. McCONNELL (for Ms. Ayotte) proposed an amendment to the 
bill S. 1915, to direct the Secretary of Homeland Security to make 
anthrax vaccines available to emergency response providers, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``First Responder Anthrax 
     Preparedness Act''.

     SEC. 2. VOLUNTARY PRE-EVENT ANTHRAX VACCINATION PILOT PROGRAM 
                   FOR EMERGENCY RESPONSE PROVIDERS.

       (a) Pilot Program.--
       (1) Establishment.--The Secretary of Homeland Security, in 
     coordination with the Secretary of Health and Human Services, 
     shall carry out a pilot program to provide eligible 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

[[Page S6417]]

     their labeled dates of use at the time such vaccines are made 
     available to States for administration to emergency response 
     providers who would be at high risk of exposure to anthrax if 
     such an attack should occur and who voluntarily consent to 
     such administration.
       (2) Determination.--The Secretary of Health and Human 
     Services shall determine whether an anthrax vaccine is 
     eligible to be provided to the Secretary of Homeland Security 
     for the pilot program described in paragraph (1) based on--
       (A) a determination that the vaccine is not otherwise 
     allotted for other purposes;
       (B) a determination that the provision of the vaccine will 
     not reduce, or otherwise adversely affect, the capability to 
     meet projected requirements for this product during a public 
     health emergency, including a significant reduction of 
     available quantities of vaccine in the Strategic National 
     Stockpile; and
       (C) such other considerations as determined appropriate by 
     the Secretary of Health and Human Services.
       (3) Preliminary requirements.--Before implementing the 
     pilot program required under this subsection, the Secretary 
     of Homeland Security, in coordination with the Secretary of 
     Health and Human Services, shall--
       (A) establish a communication platform for the pilot 
     program;
       (B) develop and deliver education and training for the 
     pilot program;
       (C) conduct economic analysis of the pilot program, 
     including a preliminary estimate of total costs and expected 
     benefits;
       (D) create a logistical platform for the anthrax vaccine 
     request process under the pilot program;
       (E) establish goals and desired outcomes for the pilot 
     program; and
       (F) establish a mechanism to reimburse the Secretary of 
     Health and Human Services for--
       (i) the costs of shipment and transportation of such 
     vaccines provided to the Secretary of Homeland Security from 
     the Strategic National Stockpile under such pilot program, 
     including staff time directly supporting such shipment and 
     transportation; and
       (ii) the amount, if any, by which the warehousing costs of 
     the Strategic National Stockpile are increased in order to 
     operate such pilot program.
       (4) Location.--
       (A) In general.--In carrying out the pilot program required 
     under this subsection, the Secretary of Homeland Security 
     shall select not fewer than 2 nor more than 5 States for 
     voluntary participation in the pilot program.
       (B) Requirement.--Each State that participates in the pilot 
     program under this subsection shall ensure that such 
     participation is consistent with the All-Hazards Public 
     Health Emergency Preparedness and Response Plan of the State 
     developed under section 319C-1 of the Public Health Service 
     Act (42 U.S.C. 247d-3a).
       (5) Guidance for selection.--To ensure that participation 
     in the pilot program under this subsection strategically 
     increases State and local response readiness in the event of 
     an anthrax release, the Secretary of Homeland Security, in 
     coordination with the Secretary of Health and Human Services, 
     shall provide guidance to participating States and units of 
     local government on identifying emergency response providers 
     who are at high risk of exposure to anthrax.
       (6) Distribution of information.--The Secretary of Homeland 
     Security shall require that each State that participates in 
     the pilot program under this subsection submit a written 
     certification to the Secretary of Homeland Security stating 
     that each emergency response provider within the State that 
     participates in the pilot program is provided with 
     disclosures and educational materials designated by the 
     Secretary of Health and Human Services, which may include--
       (A) materials regarding the associated benefits and risks 
     of any vaccine provided under the pilot program, and of 
     exposure to anthrax;
       (B) additional material consistent with the Centers for 
     Disease Control and Prevention's clinical guidance; and
       (C) notice that the Federal Government is not obligated to 
     continue providing anthrax vaccine after the date on which 
     the pilot program ends.
       (7) Memorandum of understanding.--Before implementing the 
     pilot program under this subsection, the Secretary of 
     Homeland Security shall enter into a memorandum of 
     understanding with the Secretary of Health and Human Services 
     to--
       (A) define the roles and responsibilities of each 
     Department for the pilot program; and
       (B) establish other performance metrics and policies for 
     the pilot program, as appropriate.
       (8) Report.--
       (A) In general.--Notwithstanding subsection (c), not later 
     than 1 year after the date on which the initial vaccines are 
     administered under this section, and annually thereafter 
     until 1 year after the completion of the pilot program under 
     this section, the Secretary of Homeland Security, in 
     coordination with the Secretary of Health and Human Services, 
     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 and the Committee on Health, Education, 
     Labor, and Pensions of the Senate a report on the progress 
     and results of the pilot program, including--
       (i) a detailed tabulation of the costs to administer the 
     program, including--

       (I) total costs for management and administration;
       (II) total costs to ship vaccines;
       (III) total number of full-time equivalents allocated to 
     the program; and
       (IV) total costs to the Strategic National Stockpile;

       (ii) the number and percentage of eligible emergency 
     response providers, as determined by each pilot location, 
     that volunteer to participate;
       (iii) the degree to which participants complete the vaccine 
     regimen;
       (iv) the total number of doses of vaccine administered; and
       (v) recommendations to improve initial and recurrent 
     participation in the pilot program.
       (B) Final report.--The final report required under 
     subparagraph (A) shall--
       (i) consider whether the pilot program required under this 
     subsection should continue after the date described in 
     subsection (c); and
       (ii) include--

       (I) an analysis of the costs and benefits of continuing the 
     program to provide anthrax vaccines to emergency response 
     providers;
       (II) an explanation of the economic, health, and other 
     risks and benefits of administering vaccines through the 
     pilot program rather than post-event treatment; and
       (III) in the case of a recommendation under clause (i) to 
     continue the pilot program after the date described in 
     subsection (c), a plan under which the pilot program could be 
     continued.

       (b) Deadline for Implementation.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary of 
     Homeland Security shall begin implementing the pilot program 
     under this section.
       (c) Sunset.--The authority to carry out the pilot program 
     under this section shall expire on the date that is 5 years 
     after the date of enactment of this Act.

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