|
|
 |
 |
 |
|
Home > D.C. > Research > Congress > CRW > Page | |
|
 |
| ||||||
|
|
|
||||
Congressional Record Weekly UpdateMay 20-24, 2002Return to the Congressional Report Weekly. 1A) Nuclear Nonproliferation Act of 2002 S. 2545. A bill to extend and improve United States programs on the proliferation of nuclear materials, and for other purposes; to the Committee on Armed Services. Mr. DOMENICI. Mr. President, I rise to introduce a new bill, the Nuclear Nonproliferation Act of 2002. Senators BIDEN, LUGAR, LANDRIEU, HAGEL, MURKOWSKI and BINGAMAN--the junior Senator from my State--join me in cosponsoring this important piece of legislation. The end of the Soviet Union in 1991 started a chain of events, which in the long term can lead to vastly improved global stability. Concerns about global confrontations were greatly reduced after that event. But with that event, the Soviet system of guards, guns, and a highly regimented society that had effectively controlled their weapons of mass destruction, along with the materials and expertise to create them, was significantly weakened. Even today, with Russia's economy well on the road to recovery, there's still plenty of room for concerns about the security of these Russian assets. The tragic events of September 11 brought the United States into the world of international terrorism, a world from which we had been very sheltered. Even with the successes of the subsequent war on terrorism, there's still ample reason for concern that the forces of Al Qaeda and other international terrorists are seeking other avenues to disrupt peaceful societies around the world. In some sense, the events of September 11 set a new gruesome standard against which terrorists may measure their future successes. There should be no question that these groups would use weapons of mass destruction if they could acquire them and deliver them here or to countless other international locations. One of our strongest allies in the current war on terrorism has been the Russian Federation. Assistance from the Russians and other states of the former Soviet Union has been vital in many aspects of the conflict in Afghanistan. President Putin and President Bush have forged a strong working relationship, and the current summit meeting is another measure of interest in increased cooperation. As this new bill seeks to strengthen our nonproliferation programs, it provides many options for actions to be conducted through joint partnerships between the Russian Federation and the United States that build on this increased cooperative spirit. The Nunn-Lugar program of 1991 and the Nunn-Lugar Domenici legislation of 1996 provided vital support for cooperative programs to reduce the risks that weapons of mass destruction might become available to terrorists. They established a framework for cooperative progress that has served our nation and the world very well. But despite their successes, there remain many actions that should be taken to further reduce these threats. The report by Howard Baker and Lloyd Cutler is one of the most comprehensive calls for increased attention to these risks. That report, which was written well before September 11, and many others have suggested additional actions that could and should be taken beyond the two original bills. One of the most important realizations from September 11 concerns the global reach of the forces of terrorism. It's now clear that our nuclear nonproliferation programs should extend far beyond the states of the former Soviet Union. This new bill expands and strengthens many of the programs established earlier, to further reduce threats to global peace. It expands the scope of several programs to world-wide coverage. It focuses on threats of a nuclear or radiological type, which fall within the expertise of the National Nuclear Security Administration of the Department of Energy. It expands programs to include the safety and security of nuclear facilities and radioactive materials around the world, wherever countries are willing to enter into cooperative arrangements for threat reduction. It recognizes that devices that disperse radioactive materials, so-called ``dirty bombs,'' can represent a real threat to modern societies. Dirty bombs could be used as weapons of mass terror, property contamination, and economic disaster. We need better detection systems for the presence of dirty bombs that are appropriate to the wide range of delivery systems for such a weapon, from trucks to boats to containers. And we need to be far better prepared to deal with the consequences of such an attack. The new legislation includes provisions to accelerate and expand existing programs for disposition of fissile materials. These materials, of course, represent not only a concern with dirty bombs, but also the even larger threat of use in crude nuclear weapons. It includes a program that should help accelerate the conversion of highly enriched uranium into forms unusable for weapons. It addresses one of the major concerns associated with this material, that both the United States in the Atoms for Peace program as well as the Soviet Union, provided highly enriched uranium to many countries as fuel for research reactors. That fuel represents a proliferation risk today. It authorizes new programs for global management of nuclear materials, in cooperation with other nations and with the International Atomic Energy Agency. It recognizes that modern societies use radioactive materials as essential tools in many ways, and offers assistance in providing new controls on the most dangerous of these materials. It suggests that many of the program elements involve international cooperation with the Russian Federation and with other nations. In fact, it recognizes that the global nature of the current threats requires such cooperation, and provides authorizations for the Secretary of Energy and Secretary of State to offer significant help to other nations. In many cases, we cannot accomplish these programs without such cooperation. This new bill includes provisions extending the first responder training programs, originally created under Nunn-Lugar-Domenici. These programs have already made real contributions. In fact, the training provided under this program in New York City helped mitigate the catastrophe there on September 11. That program was authorized for only 5 years in the original legislation. This bill extends that authorization for another 10 years for first responder preparation in various communities and cities of America. The new bill requires annual reports demonstrating that all our nonproliferation programs are well coordinated and integrated. Countless reports have called for improved coordination of all federal nonproliferation programs. The original call for this coordination in the Nunn-Lugar-Domenici legislation was completely ignored by the Clinton administration. The report requires an annual statement of the extent of coordination between federally funded and private activities. That is very important, because of the important work being done by private organizations, like the Nuclear Threat Initiative, that are providing critical assistance toward similar nonproliferation goals. With this new bill, our programs to counter threats of nuclear and radiological terrorism will be significantly strengthened and risks to the United States and our international partners can be greatly reduced. I ask unanimous consent that the text of the bill be printed in the RECORD. There being no objection, the bill was ordered to be printed in the RECORD, as follows: 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 ``Nuclear Nonproliferation Act of 2002''. [Page: S4712] GPO's PDF SEC. 2. FINDINGS. Congress makes the following findings: (1) Whereas the focus on the security of radioactive materials before the events of September 11, 2001, was on fissile materials, it is now widely recognized that the United States must expand its concerns to the safety and security of nuclear facilities, and the radioactive materials in use or stored at such facilities, that may be attractive to terrorists for use in radiological dispersal devices as well as in crude nuclear weapons. Such materials include all radioactive materials in the nuclear fuel cycle (such as nuclear waste and spent fuel) as well as industrial and medical radiation sources. Steps must be taken not only to prevent the acquisition of such materials by terrorists, but also to rapidly mitigate the consequences of the use of such devices and weapons on public health and safety, facilities, and the economy. (2) The technical activities of United States efforts to combat radiological terrorism should be centered in the National Nuclear Security Administration because it has the nuclear expertise and specialized facilities and activities needed to develop new and improved protection and consequence mitigation systems and technologies. New technologies and systems should be developed by the Administration in partnership with other agencies and first responders that also have the operational responsibility to deal with the threat of radiological terrorism. (3) Fissile materials are a special class of materials that present a range of threats, from utilization in improvised nuclear devices to incorporation in radiological dispersal devices. The Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 et seq.) focused on cooperative programs with the former Soviet Union to control such materials. It is critical that these efforts continue and that efforts commence to develop a sustainable system by which improvements in such efforts are retained far into the future. Development of such a sustainable system must occur in partnership with the Russian Federation and the other states of the former Soviet Union. (4) The Russian Federation and the other states of the former Soviet Union are not the only locations of fissile materials around the world. Cooperative programs to control potential threats from any of such materials should be expanded to other international partners. Programs, coordinated with the International Atomic Energy Agency and other international partners, should be initiated to optimize control of such materials. (5) The Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, signed at Washington on February 18, 1993 (the so-called ``HEU deal''), represents an effective approach to reducing the stocks of the Russian Federation of highly enriched uranium (HEU). However, such stocks are much larger than contemplated in the Agreement, and many other nations also possess quantities of highly enriched uranium. Global stability would be enhanced by modification of all available highly enriched uranium into forms not suitable for weapons. Efforts toward such modification of highly enriched uranium should include expansion of programs to deal with research reactors fueled by highly enriched uranium, which were provided by the United States under the Atoms for Peace program and the Atomic Energy Act of 1954 and similarly encouraged by the former Soviet Union. (6) Expansion of commercial nuclear power around the world will lead to increasing global stocks of reactor grade plutonium and fission products in spent fuel. If improperly controlled, such materials can contribute to proliferation and represent health and environmental risks. The international safeguards on such materials established through the International Atomic Energy Agency must be strengthened to deal with such concerns. The National Nuclear Security Administration is the appropriate Federal agent for dealing with technical matters relating to the safeguard and management of nuclear materials. The United States, in cooperation with the Russian Federation and the International Atomic Energy Agency, should lead the international community in developing proliferation-resistant nuclear energy technologies and strengthened international safeguards that facilitate global management of all nuclear materials. (7) Safety and security at nuclear facilities are inextricably linked. Damage to such facilities by sabotage or accident, or the theft or diversion of nuclear materials at such facilities, will have substantial adverse consequences worldwide. It is in the United States national interest to assist countries that cannot afford proper safety and security for their nuclear plants, facilities, and materials in providing proper safety and security for such plants, facilities, and materials, and in developing the sustainable safety and security cultures that are required for the safe and secure use of nuclear energy for peaceful purposes. The National Nuclear Security Administration is the appropriate Federal agent for dealing with the technical aspects of providing for international nuclear safety that must be coordinated with safeguards of nuclear materials. (8) The United States has provided sealed sources of nuclear materials to many countries through the Atoms for Peace program and the Atomic Energy Act of 1954. These sources remain property of the United States. A recent report of the Inspector General of the Department of Energy, entitled ``Accounting for Sealed Sources of Nuclear Material Provided to Foreign Countries'', noted that a total of 2-3 kilograms of plutonium were in sources provided to 33 nations and that the Department can not account fully for these sources. Many of these sources are small enough to present little risk, but a careful review of sources and recipients could identify concerns requiring special attention. In addition, the former Soviet Union supplied sealed sources of nuclear materials for research and industrial purposes, including some to other countries. These sources contain a variety of radioactive materials and are often uncontrolled, missing, or stolen. The problem of dangerous radiation sources is international, and a solution to the problem will require substantial cooperation between the United States, the Russian Federation, and other countries of the former Soviet Union, as well as international organizations such as the International Atomic Energy Agency. The International Nuclear Safety and Cooperation program and the Materials Protection, Control, and Accounting program of the National Nuclear Security Administration address such matters. However those programs need to be strengthened. (9) Authorization for domestic testing of preparedness for emergencies involving nuclear , radiological, chemical, and biological weapons provided by section 1415 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2315) has expired. These tests have been invaluable in preparing first responders for a range of potential threats and should be continued. (10) Coordination of all Federal nonproliferation programs should be improved to maximize efficiency and effectiveness of programs in multiple agencies. Congress needs a comprehensive annual report detailing the nonproliferation policies, strategies, and budgets of the Federal Government. Cooperation among Federal and private non-proliferation programs is critical to maximize the benefits of such programs. (11) The United States response to terrorism must be as rapid as possible. In carrying out their antiterrorism activities, the departments and agencies of the Federal Government, and State and local governments, need rapid access to the specialized expertise and facilities at the national laboratories and sites of the Department of Energy. Multiple agency sponsorship of these important national assets would help achieve this objective. SEC. 3. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR , RADIOLOGICAL, CHEMICAL, OR BIOLOGICAL WEAPONS. (a) EXTENSION OF TESTING.--Section 1415 of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 110 Stat. 2720; 50 U.S.C. 2315) is amended-- (1) in subsection (a)(2), by striking ``of five successive fiscal years beginning with fiscal year 1997'' and inserting ``of fiscal years 1997 through 2013''; and (2) in subsection (b)(2), by striking ``of five successive fiscal years beginning with fiscal year 1997'' and inserting ``of fiscal years 1997 through 2013''. (b) CONSTRUCTION OF EXTENSION WITH DESIGNATION OF ATTORNEY GENERAL AS LEAD OFFICIAL.--The amendment made by subsection (a) may not be construed as modifying the designation of the President entitled ``Designation of the Attorney General as the Lead Official for the Emergency Response Assistance Program Under Sections 1412 and 1415 of the National Defense Authorization Act for Fiscal Year 1997'', dated April 6, 2000, designating the Attorney General to assume programmatic and funding responsibilities for the Emergency Response Assistance Program under sections 1412 and 1415 of the Defense Against Weapons of Mass Destruction Act of 1996. SEC. 4. PROGRAM ON TECHNOLOGY FOR PROTECTION FROM NUCLEAR OR RADIOLOGICAL TERRORISM. (a) PROGRAM REQUIRED.--(1) The Administrator for Nuclear Security shall carry out a program on technology for protection from nuclear or radiological terrorism, including technology for the detection, identification, assessment, control, disposition, consequence management, and consequence mitigation of the dispersal of radiological materials or of nuclear terrorism.
2A) Transfer of Chinese Missile Technology to Pakistan The SPEAKER pro tempore. Under a previous order of the House, the gentleman from New Jersey (Mr. Pallone) is recognized for 5 minutes. Mr. PALLONE. Mr. Speaker, I would like to take the opportunity on the House floor this evening to express my concerns regarding the continued transfer of missile technology from China to Pakistan. The Bush administration has reported that the transfer of this highly sensitive information persists even today. Mr. Speaker, in May 1996, China pledged to not provide technological assistance to nuclear facilities in countries such as Pakistan, where such facilities are not safeguarded. However, Chinese authorities did not effectively ban technology transfers which continued to take place after May of 1996. In November 2000, China entered into an agreement with the Clinton administration that prohibited China from transferring missiles or missile technology to specifically Pakistan. Apparently, missile technology transfers continued even after this specific prohibition. Mr. Speaker, what concerns me is that John Bolton, Undersecretary of State for Arms Control and Security has said that the Bush administration's policy on the illegal export of missile technology from China to Pakistan has not changed since the Clinton administration, which on November 21, 2000 imposed sanctions on Pakistan for engaging in missile technology proliferation activities with China. But from my understanding, the Bush administration has already waived substantially all of the missile technology control regime sanctions previously imposed against Pakistan citing the authority of S. 1465, which provided the President with increased flexibility in the exercise of his waiver authority with respect to Pakistan. I am extremely disappointed that the Bush administration would publicize that its policy has not changed since the Clinton administration, even though the opposite is true and that the Clinton prohibition was recently waived under President Bush's authority. In addition, I cannot emphasize strongly enough how important it is that missile technology transfers from China to Pakistan be terminated. The current political situation in Pakistan is extremely unstable given their military dictator Musharraf's standing as president and the escalating conflict in Kashmir. Further, there are reports that Osama bin Laden, members of al Qaeda and the Taliban may have shifted into Pakistan. Bin Laden has been known to confer with nuclear scientists in the past. And it is imperative that no further missile or nuclear technology information be filtered into Pakistan for fear of the information getting into deadly hands. Mr. Speaker, the administration has the authority to reauthorize the prohibition of November 2000 that mandates China not transfer missiles or missile technology to Pakistan. I sent a letter to President Bush today, which I would like to include in the RECORD, Mr. Speaker, requesting that the prohibition be put back in place. The letter is as follows: CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Washington, DC, May 22, 2002.
DEAR MR. PRESIDENT: I would like to take this opportunity to express to you my concerns regarding the continued transfer of missile technology from China to Pakistan as reported by your administration. In May 1996, China pledged to not provide technological assistance to nuclear facilities in countries such as Pakistan, where such facilities are not safeguarded. However, Chinese authorities did not effectively ban technology information transfers, which continued to take place after May 1996. In November 2000, China entered into an agreement with the Clinton Administration that prohibited China from transferring missiles or missile technology to specifically Pakistan. Apparently, missile technology transfers continued even after this specific prohibition. What concerns me is that John R. Bolton, Undersecretary of State for Arms Control and Security, has stated that your administration's policy of the illegal export of missile technology from China to Pakistan has not changed since the Clinton administration, which on November 21, 2000, imposed sanctions on Pakistan for engaging in missile proliferation activities with China. From my understanding, however, your administration has already waived substantially all of the MTCR sanctions previously imposed against Pakistan, citing the authority of S. 1465, which provided the President with increased flexibility in the exercise of his MTCR waiver authority with respect to Pakistan. I am disappointed that your administration would publicize that its policy has not changed since the Clinton administration even though the opposite is true and that the Clinton prohibition was waived under your authority. In addition, I cannot emphasize strongly enough how important it is that missile technology transfers from China to Pakistan be terminated. The current political situation in Pakistan is extremely unstable given their military dictator Pervez Musharraf standing as President and the escalating conflict in Kashmir. Further, there are reports that Osama bin Laden, members of Al-Qaeda and the Taliban may have shifted into Pakistan. Bin Laden has been known to have conferred with nuclear scientists in the past and it is imperative that no further missile or nuclear technology information be filtered into Pakistan for fear of the information getting into deadly hands. Your administration has the authority to reauthorize the prohibition of November 2000 that mandates China not to transfer missile or missile technology to Pakistan. This is a matter of not only security in the South Asia region, but is a national security concern as well. Reinstating this prohibition is the only means to ensuring that the transfer of information will be terminated and that China will in fact put in place punitive measures towards companies that continue to attempt to provide information illegally to China. Therefore, I respectfully request that you use your authority to reauthorize the prohibition on missile technology transfers from China to Pakistan. Thank you for your consideration. Sincerely,
WMD TERRORISM *************************** 3A) World Bank Plans Loans to Iran Last night I put into the RECORD of this House an article that was published by the Dow Jones International News that reviewed the facts, and I would like to review that article with you tonight along with some additional commentary. The article begins: ``The World Bank undeterred by President George W. Bush's condemnation of Iran as part of the axis of evil, undeterred by the fact that it is arming itself to threaten a peaceful world, the World Bank is pressing ahead with a plan that would provide as much as $755 million in loans to that government over the next 2 years.'' Mr. Speaker, there are a few apologists for the government in Iran who note that there are reformers who play front roles, a president of Iran who exercises no power, it is almost an honorary position, who claims to have different views than those actually carried out by the government. But the reports of the American State Department say that reformers have been silenced, that there are public executions, public floggings which increased last year. And just on Monday the State Department announced that Iran is the number one governmental sponsor of terrorism. Now, in January President Bush identified Iran as a key threat to American security. But as he was doing that, a team of bank directors from the World Bank returned from a visit to Tehran, and they made a clear recommendation to the bank, ``deeper and faster involvement in Iran.'' That is the quotation attributed to Jean-Louis Sarbib, the bank's vice president for Middle Eastern and North African affairs. Now, the bank staff is reported by the Dow Jones International News to be planning first a loan of $150 million by the end of this year, and then as an element of a tentative plan, endorsed already by the bank's board of directors, the bank would proceed with up to $755 million to Iran in fiscal years 2002 and 2003. Now, keep in mind the United States contributes 29 percent of the World Bank's capital. We are given only 16 percent of the World's votes. But do not believe that our 16 percent of votes will be sufficient to block this loan, because 2 years ago the World Bank over America's strenuous objections loaned $232 million to Iran. And let us not believe that this is just for humanitarian purposes. Because as the article continues, and I am quoted in the article as saying, and I think I said it right, ``The government of Iran will engage in the minimum domestic expenditures necessary to cling to power. Whatever is left over they are going to spend on terrorism and nuclear weapons.'' When the World Bank finances those minimum amounts of expenditure that the Iranian Government needs to hold on to power, it is freeing up oil revenues for terrorism and for a nuclear weapons program. It will certainly not be sufficient for us to do business as usual and to simply vote against these loans. That is why, Mr. Speaker, I hope that others will join me in crafting legislation that I am working on now and will present to this House just as soon as we return from Memorial Day. And under that legislation we would draw a line in the sand and tell the World Bank that if they approve any additional loans to Iran that no additional American money would be given to that bank. We are planning to give them $877 million. We should not give them a penny after any day when they approve a loan to Iran.
3B) Supplemental Appropriations for Fighting WMD Terrorism The committee held extensive hearings, and the Senator from Alaska and I joined in issuing the request for witnesses. Every witness that came before the committee had been agreed upon jointly by the Senator from Alaska and myself. Those hearings were important, they were productive, and they brought forth exceedingly valuable information to the members of the committee. And that information is reflected in the makeup of the appropriations bill. We had the local responders, the firemen, the police, the emergency health employees. We had seven Cabinet officers from the administration, and we also had the Director of FEMA. We had mayors. We had Governors. I was pleased with the hearings. I am very grateful and appreciative of the efforts that were made by Senator Stevens and the Members on both sides of the aisle. The hearings were very well attended. So it is a good bill. The war on terrorism proceeds. The Congress is receiving top secret briefings from the Secretary of Defense and the FBI Director almost weekly. The country is on a heightened state of alert. On March 21, 2002, the President submitted a supplemental budget request to prosecute that war. The principal components of the President's budget request included $14 billion for the Department of Defense; $5.3 billion for homeland defense, including $4.4 billion for the recently established Transportation Security Administration, $5.5 billion for New York in response to the September 11 attacks, $1.6 billion for international emergencies. This supplemental bill provides for those emergencies, as requested by the President. Just today, President Bush said, ``We've still got threats to the homeland that we've got to deal with, and it's very important for us not to hamper our ability to wage that war. .....'' That is exactly what the supplemental appropriations deals with--homeland security. The supplemental bill includes $8.35 billion for homeland defense, and increase of $3 billion over the budget request. This $3 billion focuses on problems that were identified during our homeland defense hearings. Our committee held very extensive hearings. We heard from the first responders, the state and local law enforcement personnel, the fire and medical personnel, individuals representing the ports, and those who had concerns about cyber security and the security of our nuclear weapons facilities and nuclear labs. We heard from those who are concerned about border security, airport security, food and agricultural safety, nuclear non-proliferation programs, and the vulnerability of our water systems. We heard from seven cabinet secretaries and the director of the Federal Emergency Management Agency. All of this information led us to formulate a supplemental appropriations bill which cleared the Senate Appropriations Committee by a recorded vote of twenty-nine to zero. Highlights include: $1.0 billion, $646 million above the request for first responder programs such as firefighting grants, State and local law enforcement grants, grants to State and local governments to fix the interoperability problem between State and local police, fire and medical personnel, emergency planning grants, funds to increase the number of FEMA search and rescue teams that have the training and equipment to combat biological, chemical and nuclear attacks and funds to make sure that we have standards for interoperable equipment; $970 million, $716 million above the request for port security including grants to improve security at ports, for increased Coast Guard surveillance, for increased Customs funding to improve container inspections overseas and to improve our technology on inspecting containers; $387 million of unrequested funds for bioterrorism, including funds to improve our toxicology and infectious disease lab capacity at the Centers for Disease Control; $200 million, $174 million above the request for security at our nuclear weapons facilities and nuclear labs; $154 million, $135 million above the request for cyber security, with a special emphasis on helping the private sector defend itself from attack; $125 million, $84 million above the request for border security, including resources for INS facilities on the borders and for deploying the system for rapid response criminal background checks to 30 more ports; $100 million of unrequested funds for nuclear nonproliferation programs; $265 million of unrequested funds for airport security, including $100 million to help airports meet the new Federal standards for airport security; $200 million for USDA for food safety labs, additional food inspectors, and for vulnerability assessments for rural water systems; $100 million for EPA to complete vulnerability assessments on the security of our water systems; and $286 million is provided for other homeland defense items such as Secret Service efforts to combat electronic crime, FBI counterterrorism efforts and funds for the Justice Department to develop an integrated information system. The bill fully funds the President's $4.4 billion request for the new Transportation Security Administration, unlike the House which cuts the request by $550 million. Just within the past few days, Vice President Cheney warned that a terrorist strike within our shores is ``almost certain.'' Defense Secretary Rumsfeld stated that it is inevitable that terrorists will acquire weapons of mass destruction. Secretary of State Colin Powell warned that ``terrorists are trying every way they can'' to get nuclear, chemical or biological weapons. Security has been tightened around New York City landmarks. And Homeland Security Director Tom Ridge said that, ``While we prepare for another terrorist attack, we need to understand that it is not a question of if, but a question of when.'' The warnings are clear. The danger is real. We should act, not delay. We should protect lives, not play politics. I urge Senators to move forward with this supplemental bill and to do so quickly. I yield the floor. The PRESIDING OFFICER. The Senator from Alaska. Mr. STEVENS. Mr. President, I thank the distinguished chairman of our Appropriations Committee for his kind remarks and join him in recommending the bill to the Senate that we will debate when we return.
CHEM/ BIO WEPAONS *************************** [Page: H2610] Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3253) to amend title 38, United States Code, to provide for the establishment of emergency medical preparedness centers in the Department of Veterans Affairs, as amended. The Clerk read as follows: 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 ``Department of Veterans Affairs Emergency Preparedness Research, Education, and Bio-Terrorism Prevention Act of 2002''. SEC. 2. ESTABLISHMENT OF EMERGENCY MEDICAL PREPAREDNESS CENTERS. (a) IN GENERAL.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section:``§7325. Medical emergency preparedness centers ``(a) ESTABLISHMENT OF CENTERS.--(1) The Secretary shall establish at least four medical emergency preparedness centers in accordance with this section. Each such center shall be established at a Department medical center and shall be staffed by Department employees. ``(2) The Under Secretary for Health shall be responsible for supervising the operation of the centers established pursuant to this section. The Under Secretary shall provide for ongoing evaluation of the centers and their compliance with the requirements of this section. ``(3) The Under Secretary shall carry out the Under Secretary's functions under paragraph (2) in consultation with the Assistant Secretary for Veterans Affairs with responsibility for operations, preparedness, and security. ``(b) MISSION.--The mission of the centers shall be-- ``(1) to carry out research on and develop methods of detection, diagnosis, vaccination, protection, and treatment for chemical, biological, and radiological threats to the public health and safety; ``(2) to provide education, training, and advice to health-care professionals, including health-care professionals outside the Veterans Health Administration; and ``(3) to provide contingent rapid response laboratory assistance and other assistance to local health care authorities in the event of a national emergency. ``(c) CENTER DIRECTORS.--Each center shall have a Director with (1) expertise in managing organizations that deal with threats referred to in subsection (b), (2) expertise in providing care to populations exposed to toxic substances, or (3) significant research experience in those fields. ``(d) SELECTION OF CENTERS.--(1) The Secretary shall select the sites for the centers on the basis of a competitive selection process and a finding under paragraph (2). The centers selected shall be located in different regions of the Nation, and any such center may be a consortium of efforts of more than one medical center. At least one of the centers shall be established to concentrate on chemical threats, at least one shall be established to concentrate on biological threats, and at least one shall be established to concentrate on radiological threats. ``(2) The finding referred to in paragraph (1) with respect to a proposal for designation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendations of the Under Secretary for Health and the Assistant Secretary with responsibility for operations, preparedness, and security, that the facility or facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following: ``(A) An arrangement with a qualifying medical school and a qualifying school of public health (or a consortium of such schools) under which physicians and other persons in the health field receive education and training through the participating Department medical centers so as to provide those persons with training in the diagnosis and treatment of illnesses induced by exposures to toxins, including chemical and biological substances and nuclear ionizing radiation. ``(B) An arrangement with an accredited graduate program of epidemiology under which students receive education and training in epidemiology through the participating Department facilities so as to provide such students with training in the epidemiology of contagious and infectious diseases and chemical and radiation poisoning in an exposed population. ``(C) An arrangement under which nursing, social work, counseling, or allied health personnel and students receive training and education in recognizing and caring for conditions associated with exposures to toxins through the participating Department facilities. ``(D) The ability to attract scientists who have made significant contributions to the development of innovative approaches to the detection, diagnosis, vaccination, protection, or treatment of persons exposed to chemical, biological, or radiological substances. ``(3) For purposes of paragraph (2)(A)-- ``(A) a qualifying medical school is an accredited medical school that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated; and ``(B) a qualifying school of public health is an accredited school of public health that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated. ``(e) FUNDING.--(1) Amounts appropriated for the activities of the centers shall be appropriated separately from amounts appropriated for the Department for medical care. ``(2) There are authorized to be appropriated for the centers under this section $20,000,000 for each of fiscal years 2003 through 2007. ``(3) In addition to funds appropriated for a fiscal year pursuant to the authorization of appropriations in paragraph (2), the Under Secretary for Health shall allocate to such centers from other funds appropriated for that fiscal year generally for the Department of Veterans Affairs medical care account and the Department of Veterans Affairs medical and prosthetics research account such amounts as the Under Secretary for Health determines appropriate to carry out the purposes of this section. Any determination by the Under Secretary under the preceding sentence shall be made in consultation with the Assistant Secretary with responsibility for operations, preparedness, and security. ``(f) RESEARCH ACTIVITIES.--Each center shall conduct research on improved medical preparedness to protect the Nation from threats in the area of that center's expertise. Each center may seek research funds from public and private sources for such purpose. ``(g) PEER REVIEW PANEL.--(1) In order to provide advice to assist the Secretary and the Under Secretary for Health to carry out their responsibilities under this section, the Under Secretary shall establish a peer review panel to assess the scientific and clinical [Page: H2611] ``(2) The peer review panel shall include experts in the fields of toxicological research, bio-hazards management education and training, radiology, clinical care of patients exposed to such hazards, and other persons as determined appropriate by the Secretary. Members of the panel shall serve as consultants to the Department. ``(3) The panel shall review each proposal submitted to the panel by the officials referred to in paragraph (1) and shall submit to the Under Secretary for Health its views on the relative scientific and clinical merit of each such proposal. The panel shall specifically determine with respect to each such proposal whether that proposal is among those proposals which have met the highest competitive standards of scientific and clinical merit. ``(4) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(h) RESEARCH PRODUCTS.--(1) The Under Secretary for Health and the Assistant Secretary with responsibility for operations, preparedness, and security shall ensure that information produced by the research, education and training, and clinical activities of centers established under this section is made available, as appropriate, to health-care providers in the United States. Dissemination of such information shall be made through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive priority in the award of funding. ``(2) The Secretary shall ensure that the work of the centers is conducted in close coordination with other Federal departments and agencies and that research products or other information of the centers shall be coordinated and shared with other Federal departments and agencies. ``(i) ASSISTANCE TO OTHER AGENCIES.--The Secretary may provide assistance requested by appropriate Federal, State, and local civil and criminal authorities in investigations, inquiries, and data analyses as necessary to protect the public safety and prevent or obviate biological, chemical, or radiological threats. ``(j) DETAIL OF EMPLOYEES FROM OTHER AGENCIES.--Upon approval by the Secretary, the Director of a center may request the temporary assignment or detail to the center, on a nonreimbursable basis, of employees from other Departments and agencies of the United States who have expertise that would further the mission of the center. Any such employee may be so assigned or detailed on a nonreimbursable basis pursuant to such a request. The duration of any such assignment or detail shall be subject to approval by the Office of Personnel Management.''. (b) CLERICAL AMENDMENT.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7324 the following new item:
``7325. Medical emergency preparedness centers.''.
SEC. 3. ESTABLISHMENT OF EMERGENCY MEDICAL EDUCATION PROGRAM. (a) IN GENERAL.--(1) Subchapter II of chapter 73 of title 38, United States Code, is amended by adding after section 7325, as added by section 2(a), the following new section:``§7326. Emergency health and medical education ``(a) EDUCATION PROGRAM.--The Secretary shall carry out a program to develop and disseminate a series of model education and training programs on the medical responses to the consequences of terrorist activities. ``(b) IMPLEMENTING ENTITY.--The program shall be carried out through the Under Secretary for Health, in consultation with the Assistant Secretary of Veterans Affairs with responsibility for operations, preparedness, and security. ``(c) CONTENT OF PROGRAMS.--The education and training programs developed under the program shall be modelled after programs established at the F. Edward Hebért School of Medicine of the Uniformed Services University of the Health Sciences and shall include, at a minimum, training for health care professionals in the following: ``(1) Recognition of chemical, biological, and radiological agents that may be used in terrorist activities. ``(2) Identification of the potential symptoms of those agents. ``(3) Understanding of the potential long-term health consequences, including psychological effects, resulting from exposure to those agents. ``(4) Emergency treatment for exposure to those agents. ``(5) An appropriate course of followup treatment, supportive care, and referral. ``(6) Actions that can be taken while providing care for exposure to those agents to protect against contamination. ``(7) Information on how to seek consultative support and to report suspected or actual use of those agents. ``(d) POTENTIAL TRAINEES.--In designing the education and training programs under this section, the Secretary shall ensure that different programs are designed for health-care professionals at various levels. The programs shall be designed to be disseminated to health professions students, graduate health and medical education trainees, and health practitioners in a variety of fields. ``(e) CONSULTATION.--In establishing the education and training program under this section, the Secretary shall consult with appropriate representatives of accrediting, certifying, and coordinating organizations in the field of health professions education.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7325, as added by section 2(b), the following new item:
``7326. Emergency health and medical education.''.
(b) EFFECTIVE DATE.--The Secretary of Veterans Affairs shall implement section 7326 of title 38, United States Code, as added by subsection (a), not later than the end of the 90-day period beginning on the date of the enactment of this Act. SEC. 4. INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF VETERANS AFFAIRS. (a) INCREASE.--Subsection (a) of section 308 of title 38, United States Code, is amended by striking ``six'' in the first sentence and inserting ``seven''. (b) FUNCTIONS.--subsection (b) of such section is amended by adding at the end the following new paragraph: ``(11) Operations, preparedness, security, and law enforcement functions.''. (c) CONFORMING AMENDMENT.--Section 5315 of title 5, United States Code, is amended by striking ``(6)'' after ``Assistant Secretaries, Department of Veterans Affairs'' and inserting ``(7)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New Jersey (Mr. Smith) and the gentleman from Mississippi (Mr. Shows) each will control 20 minutes. The Chair recognizes the gentleman from New Jersey (Mr. Smith). Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, as the prime sponsor of H.R. 3253, as amended, I rise to urge all of my colleagues to join me in supporting this vital legislation that will expand the role of the Department of Veterans Affairs in homeland security. It may come as a surprise to many that the Department of Veterans Affairs operates the world's largest integrated health care network, with over 200,000 health care professionals, 163 medical centers, more than 800 outpatient clinics, 115 medical research programs, affiliations with over 100 schools of medicine, and a $25 billion budget annually. Dedicated to providing health care to America's military veterans, the VA is now the Federal Government's leading provider of direct medical services, with over 4.5 million patients treated last year. From providing top-quality medical care to veterans to performing comprehensive cutting-edge research, such as for prosthetics and Alzheimer's disease, the VA health care system has become a unique national resource and a unique national treasure. That is why we fought so hard to increase its health care budget for next year. With bipartisan support from our committee and with the leadership of the chairman of the Committee on the Budget, the gentleman from Iowa (Mr. Nussle); the conference Chair, the gentleman from Oklahoma (Mr. Watts); the majority whip, the gentleman from Texas (Mr. DeLay); the majority leader, the gentleman from Texas (Mr. Armey); and our distinguished Speaker, the gentleman from Illinois (Mr. Hastert), I am pleased to say that the budget that passed the House increased the VA discretionary health care funding by a record $2.8 billion for next year. However, there are still too many people who do not understand the capabilities of the VA health care system. I know from extensive research and from personal experience during the anthrax crisis that the VA is ready, willing, and able to play a significant role in homeland security; but it is often overlooked. When my post office in Hamilton Township, New Jersey, was attacked with anthrax, and is still closed, and many of the postal employees, in excess of 1,400 postal employees, were at risk of contracting that horrible disease, they were advised to take Cipro. The VA was there as a backup, ready to provide that life saving antibiotic. When I brought the VA's capabilities to the attention of the health commissioner. In New Jersey he was unaware of this important resource. I say with all respect to him, that this was a resource he could count on. And it should [Page: H2612] The Cipro was finally made available. Thankfully, at the last minute, the CDC came through and we were able to provide Cipro, which was lifesaving to so many. But, Mr. Speaker, the VA health care system must be an integral component of any homeland security strategy, especially on matters of biological, chemical, and radiological threats and terrorism. In fact, the VA today does have some defined roles in both the National Disaster Medical System and the Federal Response Plan in the event of national emergencies. Among the VA's current specialized duties are conducting and evaluating disaster and terrorist attack simulation exercises; managing the Nation's stockpile for pharmaceuticals of biological and chemical toxins; maintaining a rapid response team for radiological releases; and training public and private EMS medical center personnel around the country and properly responding to biological, chemical, and radiological disasters. Yet despite the VA's capacity and unique capabilities, their experience and their expertise in public health matters, it is almost routinely overlooked when it comes to discussions of homeland security, even those concerning bioterrorism, which is, I believe, just plain foolish and counterproductive. Mr. Speaker, in the administration's budget submission, almost $6 billion was requested to address bioterrorism, including $2.4 billion for additional research; yet not $1 was earmarked for the Veterans Administration. A month ago, I would just say parenthetically, we asked Tom Ridge to come and appear before our committee. He used to be a member. And like he has with all the other committees, he declined to come. But he too needs to be more aware of the VA's unique capabilities in this terrorism war. In fact, when we look at the administration's latest strategy document on homeland security, which can be found on their Web page, the VA is not even mentioned once. The VA can and must be asked to do more. That is why I introduced H.R. 3253, the legislation pending before the House. H.R. 3253 will create four national medical preparedness centers to be operated by the VA, with at least one concentrating on biological threats, at least one on chemical, and one on radiological threats. In coordination with DOD, Health and Human Services, FEMA, CDC, the NIH, and other agencies or organizations with appropriate expertise, these centers would research and develop new methods to detect, diagnose, vaccinate, and treat potential victims of chemical, biological, and radiological terrorism. The centers would serve both as direct research centers and as coordinating centers for ongoing and promising new research at other government agencies and research universities. Furthermore, these centers would serve as training resources for thousands of community hospitals that would be first responders to future bioterrorism attacks. Let me also point out that when anthrax hit my area, I was amazed, I was deeply dismayed that there was no protocol that could be taken off the shelf to prescribe what the course that ought to be followed in the event this happened. CDC was flying by the seat of their collective pants. Some very good scientists from CDC and other government agencies were deployed to New Jersey, and I sat in on some of those meetings. At first, they said no cross-contamination can occur. And I said, have you ever seen an envelope go through the processing machines? It is almost a violent procedure as it makes its way through. If you put a highly refined powder, in this case a weapons grade anthrax powder, surely a cloud of dust containing those harmful contaminants are likely to escape. Turns out, they did. A couple of weeks later, we found that other post offices were contaminated as well. Four of our area post offices were ``hot'' with Anthrax. My point? The experts need to move effectively work this issue, and we need to do it well in advance of any future contamination. Again, when we look at the threats that are possible--perhaps probable, and how do we deal with them, how do the first responders deal with them, the question arise as to whether we have worked with the kind of focus that will protect first responders, employees and then the public at large. Finally, let me just say that the centers would be charged with establishing state-of-the-art labs to help local health care authorities quickly determine the presence of dangerous biological and chemical toxins such as anthrax. Mr. Speaker, I want to make it clear that H.R. 3253 calls for the cost of these new centers to be taken from additional funds provided to combat terrorism and not from already hard-pressed VA health care dollars. Mr. Speaker, there is ample precedent and experience within the VA for undertaking this expanded mission. The VA's extensive medical research programs are renowned for expertise in diagnosing and treating viral diseases with devastating health consequences, such as groundbreaking work on HIV and hepatitis C. Just a couple months ago, Dr. Karl Hostetler and his VA colleagues in San Diego announced significant progress has been made on a new oral treatment for smallpox, one of the most deadly bio-terror threats confronting the world today. Furthermore, the VA already operates two war-related illness centers tasked with developing specialized treatments for illnesses and injuries related to combat. In essence, these new national medical preparedness centers would work similarly to study illnesses and injuries most likely to come from a terrorist attack and develop new treatments and protocols to mitigate their dangers. H.R. 3253 also contains important provisions from H.R. 3254, legislation authored by the chairman of the Subcommittee on Oversight and Investigations, the gentleman from Indiana (Mr. Buyer), to require the VA to work with military physicians to develop and disseminate education and training programs on the medical responses to the consequences of terrorist activities. Under this provision, the VA would also disseminate training programs to health professions, students, graduate medical education trainees, and active health practitioners. H.R. 3253 also contains an internal organizational provision proposed by the VA to add an additional Assistant Secretary for preparedness, security and law enforcement functions. Mr. Speaker, in the ongoing war on terrorism, America must take every precaution to protect our citizens from all dangers and especially from biological, chemical, and radiological threats. H.R. 3253 is just one way, I think it is an important way, to use the existing strength of the VA in homeland security while continuing to meet its primary mission of providing care to our veterans. Mr. Speaker, I reserve the balance of my time. Mr. SHOWS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 3253, the Department of Veterans Affairs Emergency Preparedness Research, Education, and Bioterrorism Prevention Act of 2002. Many Members have contributed to the development of this important legislation. In particular, I want to commend our chairman, the gentleman from New Jersey (Mr. Smith); the gentleman from Kansas (Mr. Moran) and the gentleman from California (Mr. Filner), the chairman and ranking member of the Subcommittee on Health; and the gentleman from Indiana (Mr. Buyer). H.R. 3253, as amended, would establish at least four medical emergency preparedness centers in VA facilities. These centers would conduct research and develop methods to detect, diagnose, vaccinate, protect, and treat chemical, biological, and radiological threats to our public health and safety. Under H.R. 3253, the VA will also provide education, training and advice to health care professionals, including health care professionals outside the Veterans Health Administration on these matters. The VA will also provide rapid response laboratory assistance to local health care authorities. The VA is authorized to develop a series of model education and training programs on medical responses to the consequences of terrorist activities.
[Time: 14:15] H.R. 3253 also increases the number of Assistant Secretaries within the VA from six to seven. The responsibilities of the new Assistant Secretary will include operations, preparedness, security, and law enforcement functions. This is sound legislation. This is sensible legislation. This is needed legislation. I urge my colleagues to strongly support this measure. Mr. Speaker, I reserve the balance of my time. Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my time. Mr. SHOWS. Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. Filner), the ranking member of the Subcommittee on Health. Mr. FILNER. Mr. Speaker, I thank the gentleman for yielding me this time. I thank the chairman of the full committee, the gentleman from New Jersey (Mr. Smith), for his enthusiastic and incredible farsightedness in sponsoring this legislation which will set up, as we have heard, four new emergency medical preparedness centers within the Department of Veterans Affairs. These centers obviously expand what is already a leadership role in the areas of emergency preparedness, research, education and prevention of bioterrorism and is consistent with the challenges that VA is already meeting at both the local and national level. In the immediate aftermath of the events of September 11, the VA, of course, was front and center, contributing its expertise wherever possible, especially in the treatment of post-traumatic stress disorder in New York City and right here in our own backyard. VA research has long been recognized as ground breaking, with benefits that extend beyond our reach and improve the lives of veterans and countless others. As we have heard from our chairman at the VA medical center in my hometown of San Diego, they have found a promising treatment for smallpox. This kind of effort will save potentially thousands of lives and highlights the kind of contributions that the VA is already making to our public health and safety. We should take VA's existing infrastructure and strengths to even greater heights. That is what H.R. 3253 does. At earlier meetings of our subcommittee and committee, concerns were expressed whether the funding for these new centers would impinge on the funding of our already-strapped funds for our veterans and their medical and benefit needs now. I was glad to hear that the chairman has said that the cost of these centers will come from antiterrorist funds already appropriated. With that concern met, I think we should all vote for H.R. 3253. It will help us prepare for the future. Let us support this measure. Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may consume to the gentleman from Kansas (Mr. Moran), the distinguished chairman of the Subcommittee on Health. Mr. MORAN of Kansas. Mr. Speaker, since September 11, our Nation has been made to reevaluate every action we undertake on a daily basis. What we once considered a safe Nation has become a people concerned about security, and they look to Congress and the President for answers. With the bill we will pass today, H.R. 3253, the Committee on Veterans' Affairs is challenging the Veterans Administration with the task to address some of our new concerns: to use a fraction of the assets of the Department of Veterans Affairs to help protect the people of the United States from terrorists. We will charge the administration with this task because we believe it is one that they can readily handle. We must be proactive in preparing the United States for a future terrorist attack. As our Vice President said just yesterday, ``The prospects of a future attack against the United States are almost certain. Not a matter of if but when. It could happen tomorrow, it could happen next week, it could happen next year, but they will keep trying.'' Those are sobering thoughts. We must respond in a timely, effective, and comprehensive manner to protect the American people if and when an attack occurs. This bill would do just that. Under this bill at least four geographically separated national medical emergency preparedness centers would be established. Each center would independently study and work toward solutions to health consequences that arise from exposure to chemical, biological, and nuclear substances used as weapons. What makes the VA a good host for such a new and important mission? In addition to meeting its medical care mission to millions of veterans, the VA health care system is the Nation's largest provider of graduate medical education and a major contributor to biomedical and other scientific research. Because of this widely dispersed, integrated health care system, the VA can be an essential asset in responding to national emergencies. Not only would the four special centers conduct research and develop methods of detection, diagnosis, vaccination, and treatment for chemical, biological, and radiological threats but they would also be charged with dissemination of the latest information to other public and private health care providers to improve the quality of care for patients who may be exposed to these deadly elements. This bill would also require the Secretary of Veterans Affairs to carry out a program to develop and disseminate model education and training programs on the medical responses to terrorist activities. VA's infrastructure, which includes affiliations with over 107 medical schools and other schools of health professions, would enable current and future medical professionals in this country to be knowledgeable and medically competent in the treatment of casualties from terrorist attacks. Mr. Speaker, this bill is a definite win-win proposition. The people who need to be trained in saving lives will be properly armed with current information and education. Mechanisms will be put in place to study the likely avenues and methods of chemical, biological, and radiological poisoning; and the VA will be a part of a firm foundation for rapid response by local and Federal officials in types of emergency that only 18 months ago we could have scarcely imagined. H.R. 3253 is a good bill, Mr. Speaker. I commend the gentleman from New Jersey for his efforts in this regard. I urge all my colleagues to support this effort and hope that it will pay a large dividend in our war on terrorism. Mr. SHOWS. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time. GENERAL LEAVE Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 3253, as amended. The SPEAKER pro tempore (Mr. LaTourette). Is there objection to the request of the gentleman from New Jersey? There was no objection. Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. Let me conclude and thank the gentleman from Mississippi (Mr. Shows) for managing the bill on the floor; I thank my good friend and colleague, the chairman of the Subcommittee on Health for his leadership; I thank the gentleman from California (Mr. Filner) for his leadership; and I thank the gentleman from Illinois (Mr. Evans) who is our ranking member. We have worked hand in glove on these veterans issues. It has been a delight to work with him on this important legislation. I also want to thank our staff. As we all know, Mr. Speaker, without the staff, committees would not function. They are hard working and very, very competent. They are professionals in every sense of that word. I want to thank Pat Ryan, our chief counsel and chief of staff; Kingston Smith; Jeannie McNally, who is our coordinator for legislation--by the way, it is her birthday, and I want to extend her a happy birthday--I also want to thank Summer Larson; John Bradley, who is the staff director for the subcommittee; Kimberly Cowins; Stacy Zelenski; Mike Durishin; Kathleen Grove; Art Wu; Veronica Crowe; Johnathan McKay; Bernadine Dotson; Andy Napoli; and Peter Dickinson; and others, all of whom played a vital role in this legislation. I hope I did not leave anyone out.
Mr. BUYER. Mr. Speaker, today I am pleased to rise in support of H.R. 3253, the ``Department of Veterans Affairs Emergency [Page: H2614] H.R. 3253 will establish at least four medical emergency preparedness centers at designated VA medical centers. These centers will be charged with carrying out research related to bio-terrorist activities such as the detection, diagnosis, and treatment of chemical, biological, and radiological threats posed by these agents. Section 3 incorporates legislation that I introduced--H.R. 3254, the ``Medical Education for National Defense (MEND) Act in the 21st Century.'' I want to thank Chairman Smith for incorporating this language into H.R. 3253. I also want to thank the members who cosponsored my original piece of legislation, Chairman SMITH, and Representatives MICHAEL BILIRAKIS, JOHN MCHUGH, VIC SNYDER, CLIFF STEARNS, DAVE WELDON, ROBERT UNDERWOOD, MARK KIRK, and ELLEN TAUSCHER. This provision would establish an education program to be carried out through the Department of Veterans Affairs. The education and training curriculum developed under the program shall be modeled after the F. Edward Herbert School of Medicine of the Department of Defense's Uniformed Services University of Health Sciences (USUHS) core curriculum, which includes a program that teaches its students how to diagnose and treat casualties that have been exposed to chemical, biological, or radiological agents. As a nation, we must be prepared for the new face of terror as we confront the aftermath of the September 11th attacks. What has become all too clear is that our health care providers are neither resourced nor trained with the proper tools to diagnose and treat casualties in the face of nuclear, biological, and chemical weapons. It is imperative that a program be disseminated to the nation's medical professionals and current medical students. This bill takes advantage of the nexus that already exists between the medical education community and the VA. Currently, 107 medical universities are affiliated with a VA medical center. This nexus is already in place and that is what we plan to tap into. The VA's extensive infrastructure of 163 medical centers, 800 clinics, and satellite broadcast capabilities, will enable the current and future medical professionals in this country to become knowledgeable and medically competent in the treatment of casualties that we all hope they will never materialize. Mr. Speaker, we cannot afford to assume that our country will never again experience a biological, chemical, or radiological attack on the American people. We must, as elected Members, sent by our constituents to Washington to represent their interests, act to ensure that if the worst of fears are realized, our medical professionals will be ready and able to deal with these situations. It is not the intent of this legislation to create new community standards of practice. We must recognize that diseases such as smallpox, botulism, and the plague are not normally seen around the country. I think it is extremely important that we disseminate the expertise that we have, so that doctors, in their diagnostic analysis, begin to think about other things from what they normally see in their family practices. The American Medical Association endorsed H.R. 3254, and the American Association of Medical Colleges has thrown its full weight behind this plan. These two organizations know how vital it is to receive an educational curriculum, and they have recognized that the VA is in a unique position to be able to disseminate this information to the Nation's medical community. It is often said that knowledge is power, and in this instance nothing could be truer. The knowledge resulting from the implementation of this act is critical. Our medical professionals need to be exposed to training methods that would enable them to save lives ..... and I can think of no greater power than that. Please, join with me and support this important piece of legislation. Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to lend my voice to the National Medical Emergency Preparedness Act. This bill directs the Secretary of Veterans Affairs to establish up to four medical emergency preparedness centers within VA medical centers. These preparedness centers are established to research diagnosis and treatment for any chemical, biological, and radiological threats to public health and safety. In addition, these centers will train and advise as well as educate health-care professionals about chemical, biological, and radiological threats to public health and safety. This bill would authorize $20 million a year over the 2003-2007 period to operate these centers. As part of the requirement to provide education and training, this bill would require the Department of Veterans Affairs to carry out a joint program with the Department of Defense (DoD) to develop and disseminate a series of training programs on the medical responses to terrorist activities. This bill would increase the number of Assistant Secretaries within the Department of Veteran Affairs from six to seven with the new assistant secretary being responsible for operations, preparedness, security, and law enforcement functions. As a member of the Democratic Caucus Homeland Security Task Force, I believe our focus should continue to promote effective homeland preparedness and security. The CBO estimates that implementing this bill would cost $12 million in this FY2003 and $87 million over the period 2003-2007. This bill would not affect direct spending or receipts, pay-as-you-go procedures would not apply. The Department of Veterans Affairs operates the nation's largest integrated health care network with over 200,000 health care professionals, 163 medical centers, 800 outpatient clinics, 115 medical research centers, affiliations with more than 100 medical schools and has a $25 billion annual budget. The VA medical centers are dedicated to providing health care to U.S. military veterans. VA is the federal government's leading provider of direct medical services. The VA medical centers has treated more than 3.4 million patients in 2001. The VA also operates two War-Related Illness Centers responsible for developing specialized treatments for illnesses and injuries resulting from veterans' wartime exposures, and through its extensive medical and prosthetic research and clinical care programs the department has expertise in diagnosing and treating dangerous viral or bacterial illnesses, such as hepatitis C, human immuno deficiency virus (HIV), and in earlier generations, tuberculosis. I urge my colleagues to vote ``yes'' on H.R. 3253.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New Jersey (Mr. Smith) that the House suspend the rules and pass the bill, H.R. 3253, as amended. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of those present have voted in the affirmative. Mr. SMITH of New Jersey. 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 and the Chair's prior announcement, further proceedings on this motion will be postponed. END |
[Page: H2844]---
Mr. TAUZIN. Mr. Speaker, pursuant to House Resolution 427, I call up the conference report on the bill (H.R. 3448) to improve the ability of the United States to prevent, prepare for, and respond to bioterrorism and other public health emergencies.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Fossella). Pursuant to House Resolution 427, the conference report is considered as having been read.
(For conference report and statement, see proceedings of the House of May 21, 2002 at page H 2691.)
The SPEAKER pro tempore. The gentleman from Louisiana (Mr. Tauzin) and the gentleman from Michigan (Mr. Dingell) each will control 30 minutes.
The Chair recognizes the gentleman from Louisiana (Mr. Tauzin).
[Page: H2845]
GENERAL LEAVE
Mr. TAUZIN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on the legislation.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Louisiana?
There was no objection.
Mr. TAUZIN. Mr. Speaker, I yield myself 5 minutes.
Mr. Speaker, it is my privilege to bring before the House the conference report to accompany H.R. 3448, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. This bill will in short order help ensure America's health security, and I urge my colleagues to join me in sending it to the President's desk.
I want to thank the gentleman from Michigan (Mr. Dingell), first of all, the ranking minority member of our committee, who, together, with our other members of our committee, put this bill together and secured over 400 votes on this House floor last December for its passage. Now we bring my colleagues back the conference report, bringing together the best of the Senate bill, authored by Senator TED KENNEDY and Senator BILL FRIST, and I want to thank them on the Senate side for their work.
Over 25 Members worked on this conference between the House and Senate, and I want to also thank the Committee on Agriculture and Committee on the Judiciary members, the administration, and the many interested parties who have helped us draft this conference report.
Mr. Speaker, it is crucial that America's public health emergency system be prepared to respond to the new and emerging threats, and we are here to take care of that job today. The conference report makes broad and dramatic investments in our public health infrastructure to help secure our country and provide safety for the American people.
Let me emphasize a few areas. First of all, communications. The conference report will improve communications between all levels of government, public health officials, first responders, health care providers and facilities during emergencies. It authorizes grants in fiscal year 2002 and beyond in grants to State, local governments, public and private health care facilities to improve planning, preparedness, enhance laboratory capacity, educate and train health care personnel.
It will make the Department of Health and Human Services, give it a new focus so they can improve coordination and accountability through a new Assistant Secretary for Emergency Preparedness. We will also ensure that sufficient drugs, vaccines and other supplies are available for our security.
It enhances those controls on deadly biological agents, agents to help prevent bioterrorism to establish a database of dangerous pathogens. It imposes new registration requirements on the most dangerous of those agents and toxins and mandates tough new safety and security requirements to ensure that only legitimate scientists working on appropriate laboratory facilities can gain access to these potential weapons of mass destruction.
The conference report also helps to protect the safety of America's food supply. We are substantially increasing the resources of the FDA so they can hire inspectors at borders and develop new methods to detect contaminated foods. In addition, we are providing the Secretary with the additional regulatory authority he has requested so that FDA can detain foods where there is credible evidence that it is contaminated or poses a threat to human beings.
H.R. 3448 will also ensure that drinking water systems across the country assess their vulnerability to terrorist attacks and develop emergency plans to prepare for and respond to such attacks. Americans deserve to know that we are taking concerted efforts and action today to protect the safe drinking water of our country.
Finally, Mr. Speaker, I am pleased to report that this bill contains a reauthorization of the Prescription Drug User Fee Act, a critical act that provides the money to test prescription drugs before they are authorized by the FDA for use in our society.
Mr. Speaker, I urge my colleagues to support the conference report. This is a critical, must-do piece of legislation to help this country face the new threats we face, and I urge the adoption of this conference report.
On December 20, 2001, Environment and Hazardous Materials Subcommittee Chairman PAUL E. GILLMOR provided a detailed explanation of Title IV for the RECORD as passed by the House. I want to expand upon those remarks and note several aspects of this title as they have been supplemented in conference with the Senate. As evidenced by the conference report to accompany H.R. 3448, the Senate did not have any comparable provisions to Title IV in their bioterrorism legislation. Therefore, the House and Senate conferees utilized Title IV as passed by the House as base text for the final provision.
In this regard, the first and most significant change agreed to by the conferees was the requirement that community water systems submit a written copy of their completed vulnerability assessment to the Administrator of the EPA. The choice of ``written copy'' in this context is intentional. Since vulnerability assessments contain highly sensitive information, the conference report avoided any requirement or option for electronic submissions and there is no authority for EPA to put such information into its data systems or to create public access of any kind. In addition, the submission requirement applies only to copies of the assessment itself and does not include any supporting documentation, work papers or other preparatory or analytical material.
Second, I would note that the Federal FOIA exemption covering these submissions and information flowing from these submissions is complete; all information and all information derived from these submissions is exempt from disclosure. Moreover Title IV does not create ``FOIA events'' at the state and local level since it provides that the requirement to submit a vulnerability assessment to EPA does not create any obligation under State and local law to submit a copy of the assessment to any other governmental authority. And while it permits U.S. officials to ``discuss the contents'' of the vulnerability assessments with appropriate state and local officials, the substitute does not authorize U.S. officials to provide copies of these assessments to anyone, except as specifically provided in the bill.
Third, EPA is required to handle all submitted information under strict security arrangements and protocols. These protocols are to ensure that no one, other than specifically authorized personnel, have access to any part of the submission or to information derived from the submission. The only allowed exceptions to this restriction are for specified actions under identified sections of the Safe Drinking Water Act. Knowingly or recklessly violating these restrictions is subject to criminal prosecution and fines.
Fourth, it is important to note that the conference agreement on Title IV did not establish any new regulatory role or transfer any new regulatory power to EPA. No new authorities were transferred to the Agency beyond the passive receipt of vulnerability assessments under Section 1433. As noted in the previous statement by Subcommittee
Chairman GILLMOR, EPA has no power to promulgate regulations or guidance to define what is an ``acceptable'' vulnerability assessment; there is only a one-time duty to provide information to community water systems by August 1, 2002. In addition, Section 1433 only defines a vulnerability assessment to the extent that it includes a review of certain specified items, most of which are based on the definition of a public water system under Section 1401 of the SDWA. Thus, no community water system is required to use any particular vulnerability assessment tool, to conduct any specific type of analysis, to determine the consequences of any intentional or terrorist acts, analyze the use of any specific chemicals or characterize the risk of any offsite impacts.
In addition, Section 303 of the conference Substitute authorizes the Secretary to detain a shipment of food where FDA has credible evidence or information indicating that such food ``presents a threat of serious adverse health consequences or death to humans or animals.'' This section does not grant FDA authority to detain whole categories or types of foods, rather it applies to specific shipments or articles of food that the Secretary has credible evidence or information of, based on an investigation, examination or investigation, that they present a threat of serious adverse health consequences or death to humans or animals. The ``serious adverse health consequences or death'' standard that is used consistently in Title III, Subtitle A was drawn from title 21, Section 7.3 of the Code of Federal Regulations, relating to the situation in which there is a reasonable probability that the use of, or exposure to, a violative product will cause serious adverse health consequences or death.
Furthermore, Section 307 of the Conference Substitute authorizes the Secretary to develop a regulation for prior notice of food imports. In developing such a regulation, the Secretary of
[Page: H2846]
In addition to my earlier remarks on Title II, I want to clarify two other provisions contained in this important title. First, in both the HHS and USDA regulatory program sections, the conference substitute creates a new notification requirement whenever ``a release, meeting criteria establish by the Secretary, has occurred outside of the biocontainment area'' of a registered person's facility. As is clear from the statutory text--``a release ..... has occurred''--this provision covers actual releases, not threatened or possible releases. Second, the phrase ``meeting criteria established by the Secretary'' is meant to make clear that we are leaving it up to the two Secretaries to determine, independently, the type or nature of releases to be covered by this provision as it applies to each regulatory regime. We expressly do not intend to incorporate the definitions and interpretations of the term ``release'' as it is used in a Comprehensive Environmental Response, Compensation, and Liability Act.
Finally, we create a ``(b)(3)'' statute exempting certain categories of information relating to select agents from the Freedom of Information Act (FOIA). Specifically, we bar disclosure under FOIA of registration and transfer documents, including information derived therefrom that could identify a registered person, or the agents being stored by a registered person; security-related information; and compilations of registration and transfer information. We also protect site-specific information on inspection reports, provided that the agency determines public disclosure would endanger public health and safety. By adding this additional requirement for inspection documents, we are striving to ensure a fair balance between public accountability and security. When a registered person is publicly known to be working with select agents, public disclosure of an inspection report is less likely to endanger public health or safety (provided that security-specific information is redacted), and may improve it by ensuring public accountability. But when the activities of a registered person are not publicly known, revealing the identity and location of a registered person would more likely endanger public health or safety. The agencies will need to consider such matters on a case-by-case basis.
Mr. Speaker, I reserve the balance of my time.
Mr. DINGELL. Mr. Speaker, I yield myself 3 minutes.
(Mr. DINGELL asked and was given permission to revise and extend his remarks.)
Mr. DINGELL. Mr. Speaker, I want to rise first to commend my good friend and colleague, the gentleman from Louisiana (Mr. Tauzin), for the distinguished work he has done not only on producing a good bill but on producing a good bipartisan bill.
This is a good piece of legislation. Many have worked on it and I can recommend it to the House without reservation. We bring them an excellent legislation to the floor, a matter of great national importance. This is going to improve our preparedness against terrorism. All of us know why the legislation is needed, and now.
The bill, which was sponsored by the gentleman from Louisiana (Mr. Tauzin) and I and a number of our colleagues, passed the House originally by 418 to 2. The Senate bill, an excellent piece of legislation, sponsored by Senators KENNEDY and FRIST, passed by unanimous consent. It is, as I mentioned, an excellent bill.
The conference report we have now before us is a superb product, thanks to the leadership of the gentleman from Louisiana (Mr. Tauzin) and Senators KENNEDY and FRIST, as well as all of the conferees who worked very hard on this legislation, and the staff, which deserves great commendation for their labor.
The Act authorizes funds for planning, preparation, and response and activity across the board to deal with those questions, with special emphasis on the State and local level, an area where there is needed and necessary concern. It is hoped that this bill will then make it possible for those who will be provided in this bill and their funding to move directly to the front lines where they are needed, and that will include assistance in shoring up our frayed public health network and our first responders, who are largely officers of the local and State governments.
The bill has important new protections for the food supply of the Nation, an area of particular and long-standing concern. We provide new inspection resources for imported food, but these will only be a down payment on what is ultimately going to be necessary.
Other new authorities are included in the report, registration and detention provisions of the legislation which will help the Secretary to manage imports more efficiently and effectively in the public interest and in the interest of consumers.
There are many other excellent provisions, including improvement in drinking water supply safety, tighter controls on dangerous biological agents. These are important steps and they must be taken now.
Finally, we reauthorize the Prescription Drug User Fee Act which has led to faster FDA approvals of prescription drug applications, and we increase funding for drug safety efforts.
I repeat, this is a good bill. It is an excellent start as our Nation works to improve its abilities to defend against an assault by enemies using biologic agents and other kinds of agents to create danger, hazard and death for our American people.
Mr. Speaker, I reserve the balance of my time, and I ask unanimous consent to yield the balance of my time to the gentleman from Ohio (Mr. Brown) for him to control on behalf of the minority.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Michigan?
There was no objection.
Mr. TAUZIN. Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Georgia (Mr. Norwood), a distinguished member of our committee.
Mr. NORWOOD. Mr. Speaker, I just want to point out that this bill represents a mammoth undertaking by the Committee on Energy and Commerce, and I would like to compliment the hard work done by the gentleman from Louisiana (Mr. Tauzin), the chairman, and the gentleman from Michigan (Mr. Dingell), the ranking member, in bringing this important legislation to the floor. It is something that we must pass, we must get into law immediately, and I am delighted that we are doing so in a bipartisan way.
There are things I would like to see different in this bill, as I presume most Members would, but we simply do not have that luxury. We have to find a way to protect the American people from bioterrorism today with a bill that can become law immediately.
The gentleman from Louisiana (Mr. Tauzin) and the gentleman from Michigan (Mr. Dingell) and too many others to mention have actually found that way in this bill. This bill will provide additional support for the Centers for Disease Control and Prevention, and I want to thank the gentleman from Georgia (Mr. Chambliss), my good, dear friend, for his work in that area, as well as the public and private health care systems throughout America's local communities.
It will improve communication among all levels of government, which is where we clearly have the greatest problem at present. It provides a stockpile of sufficient drugs, vaccines and other supplies that we found we were short of when forced to abandon our offices to anthrax last year. It encourages a development of new drugs and vaccines to combat bioterrorism, and it increases the security at our borders and for our food and drug supplies and waterworks.
I compliment the chairman for getting the Prescription Drug User Fee Act reauthorized through 2007 as an important precursor to solving the long-term challenges of the prescription drug cost.
Mr. Speaker, we can make improvements later. We need action yesterday. I urge the passage of this bill today.
Mr. BROWN of Ohio. Mr. Speaker, I yield myself 4 minutes.
American lives depend on the strength and the reach and the cohesiveness of our public health system. For far too long, we have neglected our public health infrastructure, the men and women on the front lines, and the resources they need to do their job.
This bill makes a new investment in the Nation's public health and vaccines and in food safety. I am particularly gratified by the strong language concerning antibiotic resistance and the
[Page: H2847]
I want to recognize the hard work of staff who has been laboring over this bill for several months, pulling some all-night sessions, long weekend sessions. On the Committee on Energy and Commerce, Edith Hollaman and John Ford and Bruce Guinn and Jonathan Cordone on the minority; and with the majority, Nandan Kenkeremath, Amit Sachdev, Tom DeLinge and Pat Morrisey; also with the gentleman from California's (Mr. Waxman) office, Ann Witt; and especially three people in my office, Ellie Dghongy, Katie Porter and Earl Seeley, for their outstanding work on this very complicated and extraordinarily complex issue.
[Time: 12:15]
This legislation authorizes PDUFA, the Prescription Drug User Fee Act. By increasing the resources available to FDA, PDUFA has enabled the agency to reduce the time needed to assess safety and efficacy of new prescription drugs. Expediting access to beneficial new medicines is good for consumers and good for public health. However, more rapid approval times, coupled with increasingly aggressive marketing by drug manufacturers, all too often have safety consequences.
More new drugs in the marketplace, more Americans taking these drugs due to the barrage of direct-to-consumer advertising, if a lethal side effect surfaces once a new drug hits the market, millions of Americans are affected. That is why it is critical to bolster FDA's drug safety capabilities. One of the most important provisions in this bill enables FDA to devote a portion of the user fees it collects from the drug industry to enhance its pre- and post-market drug safety functions.
We took steps to ensure that the focus on rapid approval time does not put pressure on FDA to drain resources from other important functions, like drug safety, like the review of drug advertising, and, importantly, the review of generic drugs. We also laid the groundwork for improving the process by which drug user fees are established.
The public interest is never served when a regulatory body and the industry it regulates get too close. FDA depends on user fees from the industry it regulates, consumers depend on FDA to focus on public health and public safety, not on drug industry profits. FDA has established performance goals to demonstrate that it is applying the user fees in an effective manner. Historically, the drug industry and FDA have jointly established these goals behind closed doors.
We have taken steps to make sure consumers are part of that process. Regardless of where the revenues come from, FDA's responsibility is the consumer, not the drug industry, something they need to always remember. Any and every goal it sets should reflect that fact.
Mr. Speaker, I want to briefly mention one disappointment in this process. Last year, we passed legislation giving the drug industry a patent extension if they conduct tests to make sure their drugs are safe in children. Some of us question why the Federal Government had to bribe drug companies in order to get them to do tests that should be mandatory. We know many new drugs are prescribed for kids now. We know doctors are forced to fly blind, making decisions about the right medicine, the right dose, without the benefit of clinical testing.
We were told the patent extension incentive was important to get drug companies to conduct tests on drugs already on the market, but that the bill did not supplant FDA's authority to require the testing for new drugs. Well, it appears the drug industry and my Republican colleagues, who on this issue apparently are doing its bidding, have changed their mind. The administration has waffled on whether to maintain the regulations that affirm the testing requirement.
My colleague, the gentleman from California (Mr. Waxman) has introduced legislation to codify that requirement, in other words, to ensure that children receive the proper drugs in the proper dosage. If we could depend on the drug industry to make sure their drugs are safe, the drug industry would not be fighting regulations that require them to do so.
Other than those small number of criticisms, Mr. Speaker, this is good legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. TAUZIN. Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Florida (Mr. Bilirakis), the chairman of the Subcommittee on Health of the Committee on Energy and Commerce.
Mr. BILIRAKIS. Mr. Speaker, I thank the gentleman for yielding me this time, and I rise in support of the conference report.
This important legislation strengthens our ability as a country to detect and respond to bioterrorist threats or attacks. Just this week, the Vice President stated that another terrorist assault is almost certain. Therefore, Mr. Speaker, it is crucial that we quickly pass this legislation and send it to the President for his signature.
The legislation is a strong and comprehensive measure that enhances the security of our Nation. First, we strengthen our public health systems by increasing State and local preparedness to detect and respond to an attack. Secondly, this bill enhances security measures in relation to the handling, transport and storage of dangerous substances. Third, we strengthen our Nation's food security systems. And, fourth, we improve the safety and security of our drinking water systems.
Mr. Speaker, this is a comprehensive approach and a meaningful step to improve our Nation's security systems. The conference report includes provisions to reauthorize the Prescription Drug User Fee Act. This is critically important, because without this program the Food and Drug Administration would have lost millions of dollars and numerous personnel which are used to review and approve lifesaving medicines. I am very pleased we worked in a truly bipartisan, bicameral manner to reauthorize this program.
Unfortunately, we were not able to reach resolution on medical device changes. But I am committed, Mr. Speaker, I like to think we all are, to working to update device laws this year.
I want to take a moment to thank the staff who worked so hard to complete this legislation, particularly to single out Pete Goodloe, the House's Legislative Counsel. We would not have been able to complete this legislation in a timely fashion without his expert services.
Unfortunately, there are so many other staff that have worked so hard, I am unable to name each of them here today. But please know that our country will be better prepared in the future because of your hard work.
Mr. Speaker, this is a strong measure supported by all the conferees, and I urge my colleagues to support this conference report.
Mr. BROWN of Ohio. Mr. Speaker, I yield such time as he may consume to my friend, the gentleman from Texas (Mr. Stenholm).
(Mr. STENHOLM asked and was given permission to revise and extend his remarks.)
Mr. STENHOLM. Mr. Speaker, I rise in support of H.R. 3448.
Mr. Speaker, I rise today in support of H.R. 3448, the Bioterrorism Preparedness Act conference report. I appreciate the work that Chairman TAUZIN and Ranking Member DINGELL have put into this bill, and I want to thank them both for the respectful and helpful way they have dealt with concerns raised by the agricultural community.
However, I do need to express my concerns about the thoroughness of the process in regard to many provisions under the jurisdiction of the House Agriculture Committee. I would have been much more comfortable with a more deliberative process, including a hearing record and outside input.
The conference report includes significant changes in the following areas: the regulation of biological research facilities; changes in the way our food is inspected; changes to human and animal disease monitoring efforts, and many more.
Many of the provisions of this conference report appear to be needed, and are very logical in light of our Nation's current security concerns. For example, language in this agreement to coordinate and enhance our control of dangerous biological agents and toxins is certainly timely and important. In addition, this conference agreement contains needed authorizations to upgrade and secure facilities working with biological agents, both for human and animal disease research.
Given the importance of these issues, along with the willingness of the other conference
[Page: H2848]
Given the reality of the choices before us today, and the importance of some of the provisions in this legislation, I urge Members to support passage of the conference report.
Mr. BROWN of Ohio. Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Harman), a member of the committee.
Ms. HARMAN. Mr. Speaker, I thank the gentleman for yielding me this time; and I hope that he will add my staffer, Carolyn Cobberly, to the list of brilliant staffers who have added to this legislation.
Mr. Speaker, serving on the Committee on Energy and Commerce is a high honor. The chance to work on impressive bipartisan legislation like this is why I came to Congress.
The possibility of another bioterrorist attack is real and our Nation must be prepared to respond. Our top priority must be to develop a national strategy to identify the most likely threats and prioritize our response. We already know that al Qaeda and rogue states like Iraq have attempted to acquire biological agents, and we have yet to discover and prosecute the individual or group responsible for the anthrax attacks that killed five people in October and November.
Our government's response to the bioterrorist attacks of October and November was deeply flawed. We have talented people, but we have been lacking the resources and coordination to make our response effective. We must act now to improve our terrorism response before another tragedy occurs.
This legislation moves us in the right direction. It creates lines of communication and organizations to coordinate the roles that our public health agencies, military, and FBI will play in bioterrorism response. It also directs substantial investments to the State and local governments that need it most. All terrorism is local, and our response must be local. This bill provides resources where they are needed most.
I am particularly glad that this bill includes funds to speed up the renovation of CDC's buildings and facilities. I have visited the Centers for Disease Control and Prevention in Atlanta and seen talented people working there in the shabbiest conditions. This legislation authorizes $300 million in each of the next 2 years to improve the security of CDC facilities and construct much-needed research facilities.
I am also glad this bill will increase our investment in improving the IT capabilities of public health agencies across the Nation. One-third of public health agencies are not connected to the Internet. If we are to communicate effectively, we need to develop comprehensive, syndromic surveillance systems to detect the outbreak of diseases, and we need to have all public health agencies on line.
This bill is excellent legislation, and I urge its passage.
Mr. TAUZIN. Mr. Speaker, I am pleased to yield 5 minutes to the gentleman from North Carolina (Mr. Burr), the distinguished vice chairman of the full committee.
Mr. BURR of North Carolina. Mr. Speaker, I thank the chairman of the Committee on Energy and Commerce for yielding me this time.
At this time, Mr. Speaker, let me recognize the tremendous work of the chairman, of the ranking member, the gentleman from Michigan (Mr. Dingell), Senator Kennedy, Senator Frist, who headed the Senate side, but more importantly the great work of committee and personal staffs of all the Members who served on that conference. This was not an easy thing to hammer out. It took many late nights on the part of staff. There was a lot of give and take; but it meant that something that was important to this country, something that was timely and urgent, actually got addressed in a sufficient way.
Mr. Speaker, I rise today in support of the conference report. This legislation has been long in the making and is long overdue when we look at what we have gone through. But H.R. 3448 puts in motion the resources, $4.6 billion in 2 years, and authorities needed to close the gaps in our Nation's public health infrastructure.
I would like to speak briefly about a few of the many important provisions included in this bill. I am grateful that the managers agreed to retain the provisions authorizing the National Medical Response System. These provisions are built around legislation introduced earlier and recognize the critical role played by personnel of the National Disaster Medical Response Teams in responding to all disasters, not just bioterrorism. The members of the National Disaster Medical Response Teams are nearly all volunteers who are called away from their real jobs on a moment's notice, and they deserve the liability and job protections we extend to them in this bill.
I am also pleased the managers recognized the need to revitalize and modernize the lab facilities and other buildings at the Centers for Disease Control. This section, which builds on the hard work of the gentleman from Georgia (Mr. Chambliss), the gentlewoman from California (Ms. Harman), and the gentleman from Georgia (Mr. Linder) and their bill H.R. 3219, authorizes a dramatic ramp-up in our facility spending for the CDC.
The legislation also takes into account the central role played by the centers in operating and maintaining a robust public health communications and surveillance system that we were shocked to find out was not electronically connected to every public health entity in this country. But after this bill, it will be connected. The centers are a national asset, and they need our support in order to carry out their very important mission.
The grant program authorized in this legislation, Mr. Speaker, is the real heart of this bill. Building on the work being done on an emergency basis by the administration, these grants will enable our State and local governments as well as hospitals to train personnel, purchase needed equipment, and strengthen the communication and disease surveillance that they have done up to this point. It is our hope spending in these areas will not only help improve our ability to respond to bioterrorist attacks but also strengthen critical elements in our overall public health system.
The bill also tightens control on access to dangerous biological agents and toxins by establishing a reporting and tracking system that was not in place. We do not mean to introduce these provisions to be burdensome on researchers, but as we have learned post-September 11, our ability to know where these agents and toxins are is vitally important.
Title 3 strengthens the safety of the food and drug supply in the United States. I believe that with subsequent regulations from HHS, we found a balance between information requirements and information activities. None of us want to make it a burden to import food and bulk drugs. But after 9-11, we realized we have to have a better handle on the items that cross our borders and where they are.
In this legislation, Mr. Speaker, we also reauthorize the Prescription Drug User Fee Act. The last time we reauthorized this act was when we passed the food, drug modernization act in 1997. This time, PDUFA is reauthorized with increased emphasis on post-market surveillance and generic drug review. The FDA and patients across the United States will benefit greatly from this legislation and that reauthorization.
Finally, let me once again extend my thanks to the many personal and committee staffs on both sides of the Hill who put really invaluable time into working out the differences on this. Like many others, it is not perfect; but it is pretty darn good. It is this legislation will go a long way in restoring the viability of our Nation's public health infrastructure at a time when it is vitally needed.
Mr. Speaker, today I urge my colleagues to support this conference report, support the good work of the House and the Senate, and let us move forward with rebuilding things that we know now we need to rebuild.
Mr. BROWN of Ohio. Mr. Speaker, I yield 1 minute to the gentleman from Massachusetts (Mr. Markey).
[Time: 12:30]
Mr. MARKEY. Mr. Speaker, the litany of saints has been mentioned of staffers who have worked on this bill. I
[Page: H2849]
And so this is a huge step forward, which I believe is going to really increase public health and safety. I want to thank the majority for their great assistance on this and thank all the people in the minority as well for their great help.
Mr. Speaker, I rise to commend the conferees for their hard work on this important bill. H.R. 3448 includes a provision of mine that will take an important step toward protecting public health in the event of an act of terrorism at our Nation's nuclear power plants. I thank Mr. TAUZIN for working with me in the House Energy and Commerce Committee to include a provision on stockpiling potassium iodide to protect public health in the event of a successful terrorist attack against a nuclear power plant. Potassium iodide is a safe and effective drug that protects the thyroid gland by saturating it with a safe form of iodine so that it cannot absorb the radioactive iodine produced during the plant's normal operation.
My provision, which was adopted in committee and passed by the House with broad bipartisan support, will provide greater protection of public health than existing programs. The Nuclear Regulatory Commission has a voluntary program that provides States with free potassium iodide for people within 10 miles. However, a State must submit a formal request to the NRC to get the free pills, and some States have refused to do so. My provision allowed States or local governments to request potassium iodide for people within 20 miles of these plants, thus expanding the radius of protection beyond the 10-mile emergency planning zone, and would have allowed local governments to request this important protection even if the State had refused to accept the NRC's offer.
The bioterrorism bill that was passed by the Senate had no potassium iodide provision, so we worked together in conference committee to produce the amended provision under consideration today in title 1, section 127. This amended provision directs the President to provide potassium iodide to States and local governments, and provides a mechanism for local governments to request the pills where the State has not done so. The local government is eligible to request potassium iodide from the President only if the State government does not have a plan for stockpiling or has a plan that does not go beyond 10 miles. The local government must first petition the State to modify the State's plan to include the population requested by the local government. If the State does not modify its plan, the local government must submit a stockpiling and distribution plan to the State and the State must certify that the local government's plan is not inconsistent with the State's emergency plans.
In addition, the conferees agreed to commis