First Responder Anthrax Preparedness Act
PL 114-268 (S.1915), enacted 12/14/2016

130 STAT. 1387 
PUBLIC LAW 114–268—DEC. 14, 2016 
Public Law 114–268 
114th Congress 
An Act 
To direct the Secretary of Homeland Security to make anthrax vaccines available 
to emergency response providers, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘First Responder Anthrax 
Preparedness Act’’. 
SEC. 2. VOLUNTARY PRE-EVENT ANTHRAX VACCINATION PILOT PRO-
GRAM FOR EMERGENCY RESPONSE PROVIDERS. 
(a) PILOT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary of Homeland Security, 
in coordination with the Secretary of Health and Human Serv-
ices, shall carry out a pilot program to provide eligible anthrax 
vaccines from the Strategic National Stockpile under section 
319F–2(a) of the Public Health Service Act (42 U.S.C. 247d– 
6b(a)) that will be nearing the end of their labeled dates of 
use at the time such vaccines are made available to States 
for administration to emergency response providers who would 
be at high risk of exposure to anthrax if such an attack should 
occur and who voluntarily consent to such administration. 
(2) DETERMINATION.—The Secretary of Health and Human 
Services shall determine whether an anthrax vaccine is eligible 
to be provided to the Secretary of Homeland Security for the 
pilot program described in paragraph (1) based on— 
(A) a determination that the vaccine is not otherwise 
allotted for other purposes; 
(B) a determination that the provision of the vaccine 
will not reduce, or otherwise adversely affect, the capability 
to meet projected requirements for this product during 
a public health emergency, including a significant reduction 
of available quantities of vaccine in the Strategic National 
Stockpile; and 
(C) such other considerations as determined appro-
priate by the Secretary of Health and Human Services. 
(3) PRELIMINARY REQUIREMENTS.—Before implementing the 
pilot program required under this subsection, the Secretary 
of Homeland Security, in coordination with the Secretary of 
Health and Human Services, shall— 
(A) establish a communication platform for the pilot 
program; 
(B) develop and deliver education and training for the 
pilot program; 
Coordination. 
Coordination. 
First Responder 
Anthrax 
Preparedness 
Act. 
42 USC 247d–6b. 
Dec. 14, 2016 
[S. 1915] 
VerDate Sep 11 2014 
05:27 Jul 08, 2022
Jkt 059194
PO 00002
Frm 00355
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT2\59194PT2.001
59194PT2
dkrause on LAP5T8D0R2PROD with DISTILLER
130 STAT. 1388 
PUBLIC LAW 114–268—DEC. 14, 2016 
(C) conduct economic analysis of the pilot program, 
including a preliminary estimate of total costs and expected 
benefits; 
(D) create a logistical platform for the anthrax vaccine 
request process under the pilot program; 
(E) establish goals and desired outcomes for the pilot 
program; and 
(F) establish a mechanism to reimburse the Secretary 
of Health and Human Services for— 
(i) the costs of shipment and transportation of 
such vaccines provided to the Secretary of Homeland 
Security from the Strategic National Stockpile under 
such pilot program, including staff time directly sup-
porting such shipment and transportation; and 
(ii) the amount, if any, by which the warehousing 
costs of the Strategic National Stockpile are increased 
in order to operate such pilot program. 
(4) LOCATION.— 
(A) IN GENERAL.—In carrying out the pilot program 
required under this subsection, the Secretary of Homeland 
Security shall select not fewer than 2 nor more than 5 
States for voluntary participation in the pilot program. 
(B) REQUIREMENT.—Each State that participates in the 
pilot program under this subsection shall ensure that such 
participation is consistent with the All-Hazards Public 
Health Emergency Preparedness and Response Plan of the 
State developed under section 319C–1 of the Public Health 
Service Act (42 U.S.C. 247d–3a). 
(5) GUIDANCE FOR SELECTION.—To ensure that participation 
in the pilot program under this subsection strategically 
increases State and local response readiness in the event of 
an anthrax release, the Secretary of Homeland Security, in 
coordination with the Secretary of Health and Human Services, 
shall provide guidance to participating States and units of 
local government on identifying emergency response providers 
who are at high risk of exposure to anthrax. 
(6) DISTRIBUTION
OF
INFORMATION.—The Secretary of 
Homeland Security shall require that each State that partici-
pates in the pilot program under this subsection submit a 
written certification to the Secretary of Homeland Security 
stating that each emergency response provider within the State 
that participates in the pilot program is provided with disclo-
sures and educational materials designated by the Secretary 
of Health and Human Services, which may include— 
(A) materials regarding the associated benefits and 
risks of any vaccine provided under the pilot program, 
and of exposure to anthrax; 
(B) additional material consistent with the Centers 
for Disease Control and Prevention’s clinical guidance; and 
(C) notice that the Federal Government is not obligated 
to continue providing anthrax vaccine after the date on 
which the pilot program ends. 
(7) MEMORANDUM
OF
UNDERSTANDING.—Before imple-
menting the pilot program under this subsection, the Secretary 
of Homeland Security shall enter into a memorandum of under-
standing with the Secretary of Health and Human Services 
to— 
Coordination. 
State and local 
governments. 
Reimbursement. 
Analysis. 
VerDate Sep 11 2014 
05:27 Jul 08, 2022
Jkt 059194
PO 00002
Frm 00356
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT2\59194PT2.001
59194PT2
dkrause on LAP5T8D0R2PROD with DISTILLER
130 STAT. 1389 
PUBLIC LAW 114–268—DEC. 14, 2016 
(A) define the roles and responsibilities of each Depart-
ment for the pilot program; and 
(B) establish other performance metrics and policies 
for the pilot program, as appropriate. 
(8) REPORT.— 
(A) IN GENERAL.—Notwithstanding subsection (c), not 
later than 1 year after the date on which the initial vaccines 
are administered under this section, and annually there-
after until 1 year after the completion of the pilot program 
under this section, the Secretary of Homeland Security, 
in coordination with the Secretary of Health and Human 
Services, shall submit to the Committee on Homeland Secu-
rity and the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on 
Health, Education, Labor, and Pensions of the Senate a 
report on the progress and results of the pilot program, 
including— 
(i) a detailed tabulation of the costs to administer 
the program, including— 
(I) total costs for management and administra-
tion; 
(II) total costs to ship vaccines; 
(III) total number of full-time equivalents allo-
cated to the program; and 
(IV) total costs to the Strategic National Stock-
pile; 
(ii) the number and percentage of eligible emer-
gency response providers, as determined by each pilot 
location, that volunteer to participate; 
(iii) the degree to which participants complete the 
vaccine regimen; 
(iv) the total number of doses of vaccine adminis-
tered; and 
(v) recommendations to improve initial and recur-
rent participation in the pilot program. 
(B) FINAL REPORT.—The final report required under 
subparagraph (A) shall— 
(i) consider whether the pilot program required 
under this subsection should continue after the date 
described in subsection (c); and 
(ii) include— 
(I) an analysis of the costs and benefits of 
continuing the program to provide anthrax vac-
cines to emergency response providers; 
(II) an explanation of the economic, health, 
and other risks and benefits of administering vac-
cines through the pilot program rather than post- 
event treatment; and 
(III) in the case of a recommendation under 
clause (i) to continue the pilot program after the 
date described in subsection (c), a plan under 
which the pilot program could be continued. 
(b) DEADLINE FOR IMPLEMENTATION.—Not later than 1 year 
after the date of enactment of this Act, the Secretary of Homeland 
Security shall begin implementing the pilot program under this 
section. 
Analysis. 
Recommenda- 
tions. 
VerDate Sep 11 2014 
05:27 Jul 08, 2022
Jkt 059194
PO 00002
Frm 00357
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT2\59194PT2.001
59194PT2
dkrause on LAP5T8D0R2PROD with DISTILLER
130 STAT. 1390 
PUBLIC LAW 114–268—DEC. 14, 2016 
LEGISLATIVE HISTORY—S. 1915 (H.R. 1300): 
HOUSE REPORTS: No. 114–222, Pt. 1 (Comm. on Homeland Security) accom-
panying H.R. 1300. 
SENATE REPORTS: No. 114–251 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Nov. 16, considered and passed Senate. 
Nov. 29, considered and passed House. 
(c) SUNSET.—The authority to carry out the pilot program under 
this section shall expire on the date that is 5 years after the 
date of enactment of this Act. 
Approved December 14, 2016. 
VerDate Sep 11 2014 
05:27 Jul 08, 2022
Jkt 059194
PO 00002
Frm 00358
Fmt 6580
Sfmt 6580
G:\STATUTES\2016\PT2\59194PT2.001
59194PT2
dkrause on LAP5T8D0R2PROD with DISTILLER