[Congressional Record (Bound Edition), Volume 161 (2015), Part 2]
[House]
[Pages 1546-1548]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 MEDICAL PREPAREDNESS ALLOWABLE USE ACT

  Mr. CARTER of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 361) to amend the Homeland Security Act of 2002 to 
codify authority under existing grant guidance authorizing use of Urban 
Area Security Initiative and State Homeland Security Grant Program 
funding for enhancing medical preparedness, medical surge capacity, and 
mass prophylaxis capabilities.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 361

       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 ``Medical Preparedness 
     Allowable Use Act''.

     SEC. 2. USE OF CERTAIN HOMELAND SECURITY GRANT FUNDS FOR 
                   ENHANCING MEDICAL PREPAREDNESS, MEDICAL SURGE 
                   CAPACITY, AND MASS PROPHYLAXIS CAPABILITIES.

       Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 
     609) is amended--
       (1) in subsection (a), by redesignating paragraphs (10) 
     through (13) as paragraphs (11) through (14), respectively, 
     and by inserting after paragraph (9) the following:
       ``(10) enhancing medical preparedness, medical surge 
     capacity, and mass prophylaxis capabilities, including the 
     development and maintenance of an initial pharmaceutical 
     stockpile, including medical kits, and diagnostics sufficient 
     to protect first responders, their families, immediate 
     victims, and vulnerable populations from a chemical or 
     biological event;''; and
       (2) in subsection (b)(3)(B), by striking ``(a)(10)'' and 
     inserting ``(a)(11)''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Carter) and the gentleman from New Jersey (Mr. Payne) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. CARTER of Georgia. 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 Georgia?
  There was no objection.
  Mr. CARTER of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 361, the Medical 
Preparedness Allowable Use Act, introduced by my colleague and the 
former chairman of the Committee on Homeland Security's Subcommittee on 
Emergency Preparedness, Response, and Communications, Congressman 
Bilirakis.
  This bill amends the Homeland Security Act of 2002 to make it clear 
that grant funds under the State Homeland Security Grant Program and 
the Urban Area Security Initiative may be used to enhance medical 
preparedness and purchase medical countermeasures.
  The grant guidance for these programs currently allows funds to be 
used for medical preparedness equipment and activities. This bill 
codifies those activities to ensure that they will continue to be 
allowable, and it will not cost any additional money to do so.
  We have seen the benefits that grant funds, including those used for 
medical preparedness activities, have provided when it comes to 
response capabilities. This was clearly demonstrated in the response to 
the Boston Marathon bombings.
  We know that the threat of a chemical or biological attack is real. 
We must ensure that our first responders have the tools and 
capabilities they need if such an event should occur.
  As a result of this bill, grant funds could be used for items such as 
predeployed medical kits for first responders and their families, 
caches of equipment, training and exercises, and planning activities.
  Identical language to H.R. 361 was approved by the Committee on 
Homeland Security last year by a bipartisan voice vote and passed the 
House by a vote of 391-2.
  Mr. Speaker, as a pharmacist and someone whose coastal district lives 
under constant threat of hurricanes, floods, and other natural 
disasters, I know firsthand the benefits that these types of equipment 
and activities can provide for our first responders and the citizens 
that they protect.
  I urge Members to support this bill, and I reserve the balance of my 
time.
  Mr. PAYNE. Mr. Speaker, I rise in strong support of H.R. 361, the 
Medical Preparedness Allowable Use Act, and I yield myself such time as 
I may consume.
  Mr. Speaker, H.R. 361 would authorize grant recipients under the 
Homeland Security Grant or Urban Area Security Initiative Program to 
use funding to enhance medical preparedness and medical surge capacity.
  Currently, the Federal Emergency Management Agency already permits 
grantees to use these funds for such purposes. However, enactment of 
this measure into law will give some predictability to the grant 
recipients as they struggle to build and maintain medical response 
capabilities at the State and local levels.
  Over the course of the past year, our doctors, nurses, and emergency 
service personnel have responded to outbreaks of Ebola, measles, D68, 
and other contagious diseases.
  Although none of these outbreaks were the result of bioterrorism, 
they nevertheless served as a reminder that medical preparedness is a 
critical component of our national preparedness.
  I commend the gentleman from Florida for working with the Homeland 
Security Committee to make sure that medical preparedness continues to 
remain a priority at the Federal, State, and local level.
  I would be remiss if I did not take this time and opportunity to 
express my support for the reauthorization of the Metropolitan Medical 
Response System, which would provide dedicated funds to medical 
preparedness activities.
  I would also note that Members may be here today to discuss the use 
of grant funding, but overshadowing this debate is a more immediate 
obstacle to the effectiveness of DHS' grant programs: the fact that 
Congress has not passed a full-year funding for the Department of 
Homeland Security that the President can sign into law.
  Mr. Speaker, I will place into the Record a Washington Post editorial 
piece entitled, ``GOP holds security hostage to immigration.'' It 
underscores the urgent need for gamesmanship over immigration to be put 
aside for the betterment of national security.
  With respect to the measure before us today, I would note that, 
without funding, neither the Urban Area Security Initiative nor the 
State Homeland

[[Page 1547]]

Security Grant Program will be working to build medical preparedness 
capabilities, or any other capability, at the State and local level.
  Ask any first responder, and they will tell you: These grant programs 
are essential to building, maintaining, and exercising important 
preparedness capabilities.
  Representing the 10th Congressional District, I have seen firsthand 
how these programs have bolstered capabilities, both in Newark and 
Jersey City. Delays or cuts to these programs only punish first 
responders and medical services personnel, and the citizens whom they 
are charged with protecting.

               GOP Holds Security Hostage to Immigration

                 [By Editorial Board, February 1, 2015]

       How far will Republicans in Congress take their reckless 
     flirtation with undermining government this time?
       Will they, as seems increasingly likely, fail to pass a 
     bill that the president can sign ensuring adequate funding 
     for the Department of Homeland Security and its 280,000 
     employees before the agency's support expires Feb. 27? Are 
     they ready to let funding lapse, secure in the knowledge that 
     Border Patrol officers, Secret Service agents, airport 
     security personnel and other so-called essential employees 
     would still have to report to work--even though they would 
     not be drawing paychecks?
       A number of prominent Republican lawmakers clearly believe 
     that denying funding to the nation's premier organ of 
     domestic security is no big deal, as long as the move 
     expresses the GOP's anger about President Obama's executive 
     actions on immigration.
       As Rep. Mario Diaz-Balart (R-Fla.) put it to Politico: 
     Letting the department's funding lapse would not be ``the end 
     of the world.''
       Mr. Diaz-Balart's complacency may come as news to Americans 
     concerned about the risk of terrorism in the wake of attacks 
     in Paris, Ottawa, Sydney and elsewhere. It certainly came as 
     news to Homeland Security Secretary Jeh C. Johnson, as well 
     as his three predecessors--Democrat Janet Napolitano and 
     Republicans Michael Chertoff and Tom Ridge--all of whom have 
     warned GOP lawmakers not to conflate essential funding for 
     the department with the political fight over immigration.
       House Republicans were deaf to such appeals. Last month, 
     they passed a bill furnishing the department with $40 billion 
     in funding through September, the end of the current budget 
     year. But they attached provisions to that bill, certain to 
     draw a presidential veto, that would kill the 
     administration's plan to temporarily protect several million 
     undocumented immigrants from deportation and repeal a 
     program, in force since 2012, that offers a similar shield to 
     people brought here illegally as children.
       There is room for legitimate debate over the president's 
     most recent unilateral moves on immigration, which we happen 
     to agree represent executive overreach. If congressional 
     Republicans want to attack those actions responsibly, with 
     discrete legislation, they are free to try--though they are 
     unlikely to muster the votes to override a presidential veto.
       However, it is another thing to wield their frustration 
     over immigration as a cudgel, holding hostage an entire 
     department of government that is critical to the nation's 
     security. That is as irresponsible as it is politically ill 
     advised.
       On Friday, Senate Majority Leader Mitch McConnell (R-Ky.) 
     announced the body would consider the House bill this week, a 
     sign that the GOP is persisting with its game of chicken. The 
     bill is unlikely to attract the necessary 60 votes for 
     passage, which would require a half-dozen Democratic 
     defections. But there is no shortage of Republican lawmakers 
     who would rather try to antagonize the president than carry 
     out the workaday task of funding the government.
       In the absence of a bill, the department's funding lapses 
     in less than a month. What happens in the intervening weeks 
     will indicate whether Republicans are more interested in 
     gamesmanship or governance.

  Mr. PAYNE. Mr. Speaker, I reserve the balance of my time.
  Mr. CARTER of Georgia. Mr. Speaker, I yield as much time as he may 
consume to the distinguished gentleman from Florida (Mr. Bilirakis), 
the sponsor of this legislation.
  Mr. BILIRAKIS. Mr. Speaker, I want to thank the gentleman from 
Georgia (Mr. Carter) as well. I also want to thank the ranking member 
for doing such a great job and working on this piece of legislation.
  I rise in support of my bill, H.R. 361, the Medical Preparedness 
Allowable Use Act. This legislation would amend the Homeland Security 
Act of 2002 to clarify that grant funds under the State Homeland 
Security Grant Program and the Urban Area Security Initiative may be 
used to enhance medical preparedness and purchase medical 
countermeasures.
  I originally introduced the Medical Preparedness Allowable Use Act in 
2012 after a series of hearings on medical countermeasures when I 
proudly served as chairman of the Subcommittee on Emergency 
Preparedness, Response, and Communications.
  At these hearings, the need for this legislation was highlighted when 
we received numerous testimonies from the emergency response community 
on the importance of stockpiling medical countermeasures in the event 
of a WMD attack.
  This includes predeployed medical kits for first responders, as Mr. 
Carter said, their families, and immediate victims of widespread 
terrorist attacks on our homeland and natural disasters, resources 
similar to those provided to postal workers participating in the 
national U.S. Postal Medical Countermeasures Dispensing Pilot Program.
  The grant guidance for the State Homeland Security Grant Program and 
the Urban Area Security Initiative currently permits this funding to be 
used to procure medical countermeasures. It also allows for other 
medical preparedness and medical surge capacity equipment and 
activities.
  However, this guidance is developed on an annual basis. There is no 
guarantee that these uses will be authorized in the future.
  To be clear, as Mr. Carter said, no new funding is authorized in this 
bill. However, the expenditures authorized and codified by the bill we 
are considering today can make a big difference in protecting the 
public.
  If we are not safe, Mr. Speaker, nothing else matters.

                              {time}  1715

  Codifying this authority will assist emergency responders in the 
event of an attack, providing certainty that grant funding may be used 
to support them now and in the future. We must have certainty.
  I consistently find myself in awe of our first responders and the 
sacrifices that they make on the public's behalf. In the wake of recent 
terrorist attacks, such as the Boston Marathon bombing, I am committed 
to ensuring Congress fulfills its obligation to support those brave men 
and women responding to these various threats.
  I thank my colleagues, Representative Susan Brooks and Representative 
Peter King, for being original cosponsors and for their continued 
support with this legislation. I would also like to commend the 
chairman of the full Homeland Security Committee, Chairman McCaul, for 
his leadership in making this initiative a priority and also for being 
a cosponsor of this good bill.
  Finally, I would like to note that the Emergency Services Coalition 
for Medical Preparedness continues to endorse this bill and its intent.
  The Medical Preparedness Allowable Use Act passed the House with 
overwhelming bipartisan support in the last two Congresses; however, 
the Senate never acted on this measure. With new leadership in the 
Senate, Mr. Speaker, I am hopeful that they can take this measure up 
quickly so that we can get this before the President to be signed into 
law.
  We have a responsibility to ensure our communities are prepared, 
equipped, and capable of executing countermeasures for future terrorist 
threats and natural disasters. Passage of H.R. 361 would truly aid our 
first responders in this endeavor.
  Mr. Speaker, I urge all my colleagues to vote in favor of this great 
bill.
  Mr. PAYNE. Mr. Speaker, I have no further requests for time on my 
side. If my colleague on the other side is ready to close, I am as 
well.
  Mr. CARTER of Georgia. Mr. Speaker, I have no further requests for 
time and am prepared to close.
  Mr. PAYNE. Mr. Speaker, the Medical Preparedness Allowable Use Act is 
a good bill, and it has my support.
  The gentleman from Florida has given us a piece of commonsense 
legislation, and this is the type of legislation, when it comes to 
keeping our Nation safe during times of attack or natural disaster, 
that we need.

[[Page 1548]]

  I also urge my colleagues on both sides of the aisle to support the 
passage of a clean DHS funding bill so that the States and urban areas 
across the country can continue building and maintaining critical 
preparedness capabilities.
  Again, I would like to thank the gentleman from Florida (Mr. 
Bilirakis) for working with us on this issue, and I congratulate him on 
a wonderful bill that ensures that our Nation continues to be prepared 
in times of disaster. I urge my colleagues to support H.R. 361, the 
Medical Preparedness Allowable Use Act.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CARTER of Georgia. Mr. Speaker, as I noted earlier, this bill 
enjoyed broad bipartisan support last Congress. I hope Members will 
once again express their support for the men and women who protect us 
every day by voting for this bill.
  I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I rise today in support of H.R. 361, the 
Medical Preparedness Allowable Use Act that was introduced by 
Congressman Bilirakis. Over the years, the Committee on Homeland 
Security has heard about the importance of medical countermeasures.
  This bill amends the Homeland Security Act of 2002 to make it clear 
that grant funds under the State Homeland Security Grant Program and 
Urban Area Security Initiative may be used to enhance medical 
preparedness and purchase medical countermeasures. We owe it to our 
emergency response community, our first responders, to ensure that they 
have every tool necessary to be prepared for and combat the threats 
they face every day and may face in the future.
  Over the years, we have seen that the investments in medical 
preparedness activities have provided positive benefits when it comes 
to response capabilities. This was clearly demonstrated in the response 
to the Boston Marathon bombings when the medical community was largely 
praised by all involved in the response. The Committee on Homeland 
Security heard testimony last year from the head of Boston Emergency 
Medical Services, Chief Hooley, who spoke about the importance of 
Homeland Security grant funding in their preparation for events such as 
the Boston Marathon Bombing.
  Sadly, we realize that the threat of a biological or chemical or 
other attack is real. We therefore must do everything that we can to 
ensure that our first responders are prepared to combat the threat.
  This measure has passed the House both in the 112th and the 113th 
Congress with overwhelming bipartisan support. I ask my colleagues to 
support this measure and my colleagues in the Senate to do the same
  Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 361, 
the Medical Preparedness Allowable Use Act for two reasons.
  First, the bill will save lives. Second, the legislation is necessary 
to support the vital work of first responders in the event of a 
biological and chemical terrorists attack or incident.
  The legislation provides for the development and maintenance of an 
initial pharmaceutical stockpile, including medical kits, and 
diagnostics sufficient to protect first responders, their families, and 
immediate victims from a chemical or biological event.
  The Medical Preparedness Allowable Use Act will amend the Homeland 
Security Act of 2002 to authorize the use of Urban Area Security 
Initiative and State Homeland Security Grant Program funding for: 
enhancing medical preparedness, medical surge capacity, and mass 
prophylaxis capabilities.
  This legislation ensures that first responders have necessary 
medicines and treatments to protect themselves, their families and 
those within their vicinity immediately should a biological and 
chemical terrorist attack occur.
  In short, first responders will not be able to do the work of saving 
lives if they fall victim to an attack or are distracted by worry 
regarding how their family may be fairing during a biological or 
chemical attack should one occur.
  First responders often include law enforcement officers, fire 
fighters, and emergency medical personnel.
  The city of Houston covers over a 1000 square mile region in 
Southeast Texas. It has an evening population of nearly two million 
people and over three million during the day when commuters are in the 
city.
  There are 103 Fire Stations that serve the city of Houston with most 
offering ambulance or medic support, but there is only one station 
Number 22 that Specializes in Hazardous Material.
  In the city of Houston one out of every ten citizens use Emergency 
Management Services (EMS) and within a year there are over 200,000 EMS 
incidents involving over 225,000 patients or potential patients.
  EMS response services have 88 City of Houston EMS vehicles, with just 
under fifty percent staffed by two paramedics and can provide Advanced 
Life Support (ALS) to patients.
  These consist of 15 ALS Squads, and 22 ALS transport units with eight 
functioning in a ``Dual'' capacity as both Advanced Life Support and 
Basic Life Support (BLS).
  The remaining fifty-one transport units are Basic Life Support (BLS), 
and staffed by two Emergency Medical Technicians.
  Law enforcement agencies that serve the city of Houston include the 
Houston Police Department, Harris County Sheriff's Department, Harris 
County Constables, Port of Houston Authority Police and Corrections 
Officers.
  Because of the nature of chemical or biological terrorist attacks 
mass casualties are the objective and the impressive resources of our 
nation's 4th largest city would likely be overwhelmed immediately 
should an attack occur it is important to provide them with the 
resources provided by this legislation.
  The prepositioning of resources in the form of medicines that can 
support pulmonary respiratory function or arrest neurological damage as 
a result of poisoning lives can be saved that could otherwise be lost. 
This bill can reduce deaths and give victims the greatest chance for 
survival and recovery.
  Emergency responders because of this bill would have treatments in 
the communities where they serve and live to help neighbors, co-
workers, and people who are immediate need to live saving help.
  As a senior member of the House Homeland Security Committee, I am 
mindful of the need for our first responders to be prepared and well 
trained to manage a wide range of potential threats both conventional 
and unconventional.
  This bill offers one more resource that will be available to first 
responders to do the work they have dedicated their lives to doing--
saving lives.
  I urge my colleagues to join me in supporting H.R. 361 the Medical 
Preparedness Allowable Use Act for two reasons.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Carter) that the House suspend the rules 
and pass the bill, H.R. 361.
  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. CARTER of Georgia. 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.

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