[House Report 117-49]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-49
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DHS MEDICAL COUNTERMEASURES ACT
_______
June 1, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 3263]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3263) to amend the Homeland Security Act of 2002
to establish in the Department of Homeland Security a medical
countermeasures program, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 3
Federal Mandates Statement....................................... 4
Duplicative Federal Programs..................................... 4
Statement of General Performance Goals and Objectives............ 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits Advisory Committee Statement.......................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 3263, the ``DHS Medical Countermeasures Act,''
requires the Department of Homeland Security (DHS) Secretary to
establish a medical countermeasures program to facilitate
personnel readiness and protection for the Department's
employees and working animals in the event of a chemical,
biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic, and to
support Department mission continuity.
Background and Need for Legislation
First introduced in the 114th Congress, and passed by the
House of Representatives in the 115th Congress as part of H.R.
2825, the ``Department of Homeland Security Authorization Act
for Fiscal Years 2018 and 2019,'' this legislation is
responsive to findings of an August 2014 DHS Office of
Inspector General (OIG) report entitled, ``DHS Has Not
Effectively Managed Pandemic Personal Protective Equipment and
Antiviral Medical Countermeasures.'' At the time, it was
developed due to concern about the possibility of a severe
pandemic that could cause illnesses, fatalities, and disrupt
U.S. economic and social stability.
The concerns of the DHS OIG report were realized on
December 31, 2019, when the World Health Organization (WHO)
identified a media report from the Wuhan Municipal Health
Commission in China regarding dozens of patients receiving
treatment for a ``viral pneumonia'' from an unknown source.\1\
The virus, ``severe acute respiratory syndrome coronavirus 2''
(SARS-CoV-2), causes Coronavirus Disease 2019 (COVID-19). Since
the initial cases, COVID-19 has resulted in a global
pandemic.\2\ In the U.S. alone, the pandemic has resulted in
the death of at least 590,000 people.\3\
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\1\World Health Organization, Timeline of WHO's response to COVID-
19, (June 29, 2020), available at https://www.who.int/news-room/detail/
29-06-2020-covidtimeline.
\2\World Health Organization, Naming the coronavirus disease
(COVID-19) and the virus that causes it, available at https://
www.who.int/emergencies/diseases/novel-coronavirus-2019/technical-
guidance/naming-the-coronavirus-disease-(covid-2019)-and-the-virus-
that-causes-it.
\3\Centers for Disease Control and Prevention, COVID-19 Mortality
Overview, available at https://www.cdc.gov/nchs/covid19/mortality-
overview.htm.
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COVID-19's impact was felt within the DHS workforce, which
stands at more than 240,000 employees.\4\ With nearly 85
percent of the DHS personnel working on the frontlines and
unable to work remotely or practice social distancing, keeping
personnel safe during the pandemic has had homeland security
implications.
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\4\U.S. Department of Homeland Security, ``About DHS,'' available
at https://www.dhs.gov/about-dhs.
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Early in the pandemic, the U.S. Strategic National
Stockpile was completely inadequate to support a robust
pandemic response.\5\ Additionally, huge global demand created
supply shortages that left Federal, State, and local
governments without critical personal protective equipment
(PPE). DHS was no exception to the PPE shortage. Some personnel
used expired respirators and others even forwent or reused PPE
while working the frontlines of the pandemic.\6\ Instances such
as the COVID-19 PPE shortage highlight the importance of DHS
establishing countermeasures to keep frontline personnel safe.
H.R. 3263 was introduced in response to the lessons learned
during the COVID-19 pandemic.
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\5\Patrice Taddonio, ``Depleted National Stockpile Contributed to
COVID PPE Shortage: `You Can't Be Prepared If You're Not Funded to Be
Prepared','' PBS, (Oct. 6, 2020), available at https://www.pbs.org/
wgbh/frontline/article/depleted-national-stockpile-contributed-to-
covid-ppe-shortage/.
\6\Nick Miroff, ``U.S. government has 1.5 million expired N95 masks
sitting in an Indiana warehouse,'' The Washington Post, (Mar. 26,
2020), available at https://www.washingtonpost.com/national/
coronavirus-government-mask-stockpile/2020/03/26/89d729c8-6f5b-11ea-
96a0-df4c5d9284af--story.html.
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Hearings
For the purposes of clause 3(c)(6) of rule XIII, the
following hearings were used to develop H.R. 3263:
The Committee did not hold a legislative hearing on H.R.
3263 in the 117th Congress. However, the legislation was
informed by the following hearings in the 116th Congress:
On June 16, 2020, the Subcommittee on Oversight,
Management, and Accountability held a hearing entitled,
``Business as Usual? Assessing How DHS Can Resume Operations
Safely.'' The Subcommittee received testimony from Dr. Everett
Kelley, National President, American Federation of Government
Employees, AFL-CIO; Mr. Anthony M. Reardon, National President,
National Treasury Employees Union; and Mr. Brandon Judd,
National President, National Border Patrol Council.
On July 14, 2020, the Subcommittees on Emergency
Preparedness, Response, and Recovery and Oversight, Management,
and Accountability held a joint hearing entitled, ``Reviewing
Federal and State Pandemic Supply Preparedness and Response.''
The Subcommittees received testimony from Hon. Craig Fugate,
Senior Advisor, Blue Dot Strategies and Former Administrator,
Federal Emergency Management Agency; Mr. Mark Ghilarducci,
Director, Office of Emergency Services, Governor's Office,
California; and Mr. Chris Currie, Director, Homeland Security
and Justice, U.S. Government Accountability Office.
Committee Consideration
The Committee met on May 18, 2021, with a quorum being
present, to consider H.R. 3263 and ordered the measure to be
reported to the House with a favorable recommendation, without
amendment, by unanimous consent.
No amendments were offered during consideration of H.R.
3263.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 3263.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditure
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974, and with
respect to the requirements of clause 3(c)(3) of rule XIII of
the Rules of the House of Representatives and section 402 of
the Congressional Budget Act of 1974, the Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 3263 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the objectives of H.R. 3263 are to
require the Secretary to establish a medical countermeasures
program to facilitate personnel readiness; protection for the
Department's employees and working animals in the event of a
chemical, biological, radiological, nuclear, or explosives
attack, naturally occurring disease outbreak, or pandemic; and
to support Department mission continuity.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits Advisory Committee Statement
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Applicability to Legislative Branch
The Committee finds that H.R. 3263 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section states that the Act may be cited as the ``DHS
Medical Countermeasures Act.''
Sec. 2. Medical Countermeasures Program.
This section requires the Secretary of DHS to establish a
medical countermeasures program to support DHS mission
continuity and facilitate the readiness and protection of DHS
personnel and working animals in the event of a chemical,
biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic.
Additionally, it requires the Chief Medical Officer (CMO)
of DHS to do the following: provide programmatic oversight of
the Medical Countermeasures Program; establish a Medical
Countermeasures Working Group comprised of relevant DHS
components and offices to maintain medical countermeasure
standards and consistent guidance; provide the Secretary of DHS
an integrated logistics support plan for medical
countermeasures; and utilize DHS chemical, biological,
radiological, and nuclear risk assessments to determine the
types and quantities of medical countermeasures included to
stockpile.
Under this section, the DHS Secretary must provide a report
to the House Committee on Homeland Security and the Senate
Homeland Security and Governmental Affairs Committee not later
than 180 days after the date of enactment on the progress in
achieving the bill's requirements.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
* * * * * * *
Subtitle C--Chief Medical Officer
Sec. 1931. Chief Medical Officer.
Sec. 1932. Medical countermeasures.
* * * * * * *
TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
* * * * * * *
Subtitle C--Chief Medical Officer
* * * * * * *
SEC. 1932. MEDICAL COUNTERMEASURES.
(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for the Department's employees and working animals
in the event of a chemical, biological, radiological, nuclear,
or explosives attack, naturally occurring disease outbreak, or
pandemic, and to support Department mission continuity.
(b) Oversight.--The Chief Medical Officer of the Department
shall provide programmatic oversight of the medical
countermeasures program established pursuant to subsection (a),
and shall--
(1) develop Department-wide standards for medical
countermeasure storage, security, dispensing, and
documentation;
(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
(3) preposition appropriate medical countermeasures
in strategic locations nationwide, based on threat and
employee density, in accordance with applicable Federal
statutes and regulations;
(4) provide oversight and guidance regarding the
dispensing of stockpiled medical countermeasures;
(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological,
radiological, nuclear, or explosives attack, naturally
occurring disease outbreak, or pandemic;
(6) provide training to Department employees on
medical countermeasure dispensing; and
(7) support dispensing exercises.
(c) Medical Countermeasures Working Group.--The Chief Medical
Officer shall establish a medical countermeasures working group
comprised of representatives from appropriate components and
offices of the Department to ensure that medical
countermeasures standards are maintained and guidance is
consistent.
(d) Medical Countermeasures Management.--Not later than 120
days after the date of the enactment of this section, the Chief
Medical Officer shall develop and submit to the Secretary an
integrated logistics support plan for medical countermeasures,
including--
(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and
how frequently such methodology shall be reevaluated;
(2) a replenishment plan; and
(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
(e) Stockpile Elements.--In determining the types and
quantities of medical countermeasures to stockpile under
subsection (d), the Chief Medical Officer shall utilize, if
available--
(1) Department chemical, biological, radiological,
and nuclear risk assessments; and
(2) Centers for Disease Control and Prevention
guidance on medical countermeasures.
(f) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate the plan developed in accordance with subsection
(d) and brief such Committees regarding implementing the
requirements of this section.
(g) Definition.--In this section, the term ``medical
countermeasures'' means antibiotics, antivirals, radiological
countermeasures, and other countermeasures that may be deployed
to protect the Department's employees and working animals in
the event of a chemical, biological, radiological, nuclear, or
explosives attack, naturally occurring disease outbreak, or
pandemic.
* * * * * * *
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