Today the House passed HR
6672, the Pandemic and All-Hazards Preparedness Reauthorization Act of 2012,
by a bipartisan vote (383-16)
that matched the bipartisan sponsorship of the bill. In fact, according to a press
release from Rep. Rogers (R,MI) it was “developed after months of work and
careful deliberation between leaders in the two chambers [House and Senate]”.
Chemical Facility Coverage
Most of the bill is outside of the coverage of this blog as
it deals with public health matters. Updating and reauthorizing programs
associated with the Public Health Service Act. It does, however, have specific
applications to chemical security and safety programs in that it modifies that
Act to expand pandemic response “to advance countermeasures to diagnose,
mitigate, prevent, or treat harm from any biological agent or toxin, chemical,
radiological, or nuclear agent or agents, whether naturally occurring, unintentional,
or deliberate” {§101(a)(2) added (7)(A) to 42
USC 300hh-1}. This could be used to expand the medical response capability
to large scale chemical accidents or terrorist attacks on chemical facilities.
Additionally the bill would help to “identify and prioritize
near-, mid-, and long-term needs with respect to such countermeasures or
products to address a chemical, biological, radiological, and nuclear threat or
threats” {§102(a) added (d)(2)(C) to 42
USC 300hh-10}.
While this bill may be of strategic assistance to emergency
response planners it misses, as do all of these types of bills, the tactical
connection that would allow the measures to become useful at the community
level. As long as there is not a requirement for fixed facilities with large
quantities of toxic inhalation chemicals or other chemicals with acute medical
hazards to report those chemicals to local medical treatment facilities there
will be not be prepared to treat large numbers of casualties from accidental or
deliberate catastrophic releases.
Last Minute Politics
This bill was introduced on Monday by Rogers, et al, and was
brought to the floor today under suspension of the rules before the GPO even
had a copy of the bill printed (the link in the first paragraph goes to a
Committee Print). It is extremely odd that this bill would take so long into
the session to get to the House floor, especially with the backing it has received.
Given the fast action in the House, the bipartisan support,
and the reported fact that House and Senate leaders worked together on putting
this bill together, I expect that this bill will be considered in the Senate
tomorrow and will pass under unanimous consent.
Possible Thorn in Passage
This is kind of a stretch, but for bills to pass by ‘unanimous
consent’ they have to be relatively free of controversy. This bill seems like
it fits the bill until one gets down to page 70 of the Committee print. There
the bill (§304) is amending the Federal Food, Drug, and Cosmetic Act, 21
USC 360bbb-4, by adding paragraph (c) Final Guidance on Development of Animal
Models.
If PETA or other animal rights or anti-vivisection people
were to discover this provision, they might be able to raise enough controversy
to stop the Senate from passing this bill this week or this year. Come to think
of it, that may be why this is coming on so fast and furious when no one is
watching the small things in Congress.
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