[Senate Report 118-239]
[From the U.S. Government Publishing Office]
Calendar No. 552
118th Congress } { Report
SENATE
2d Session } { 118-239
_______________________________________________________________________
DHS BIODETECTION IMPROVEMENT ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 6174
TO IMPROVE THE BIODETECTION FUNCTIONS OF THE
DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 12, 2024.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2024
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Sapana R. Vora, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Megan M. Krynen, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 552
118th Congress } { Report
SENATE
2d Session } { 118-239
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DHS BIODETECTION IMPROVEMENT ACT
_______
November 12, 2024.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 6174]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 6174) to improve
the biodetection functions of the Department of Homeland
Security, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 1
II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 3
IV. Section-by-Section Analysis of the Bill, as Reported............. 3
V. Evaluation of Regulatory Impact.................................. 4
VI. Congressional Budget Office Cost Estimate........................ 4
VII. Changes in Existing Law Made by the Bill, as Reported............ 5
I. PURPOSE AND SUMMARY
H.R. 6174, the DHS Biodetection Improvement Act, would
direct the Secretary of the Department of Homeland Security
(DHS) to conduct an assessment examining how DHS has utilized
the Department of Energy's (DOE) national laboratories and
sites for the purpose of carrying out the missions of DHS and
then submit that assessment to appropriate congressional
committees. The bill also directs DHS to submit a strategy for
how DHS will coordinate with DOE national laboratories to
address biodetection research and development. The strategy
shall include an acquisition and procurement plan, periodic
external evaluations to identify gaps with respect to
biodetection technologies and recommended contingency plans for
underperforming technologies, and clearly defined program and
technical requirements for future DHS biodetection efforts.
H.R. 6174 also requires the DHS Secretary to provide an update
to appropriate congressional committees regarding the
assessment and strategy within a year of enactment.
II. BACKGROUND AND NEED FOR THE LEGISLATION
In 2001, a bioterrorism attack involving anthrax letters
sent to congressional leaders highlighted the fact that no
biodetection system existed in the United States that was
capable of identifying such a bioterrorism attack.\1\ In 2003,
in response to the 2001 anthrax attacks, the Department of
Homeland Security (DHS) established the BioWatch Program as an
early warning monitoring system that collects and tests air
samples for biological agents in locations that DHS, through
intelligence assessments and other threat reporting, determines
are most likely to be the target of a potential bioterrorist
attack. Early detection of aerosolized biological agents (such
as weaponized anthrax spores) would allow for widespread
distribution of medical countermeasures in the hopes of
preventing widespread illness or death. BioWatch is currently
active in over 30 major metropolitan areas across the United
States, and coordinates with a large network of stakeholders
that includes public health, emergency management, law
enforcement, laboratory, scientific, and environmental health
organizations. The DHS Countering Weapons of Mass Destruction
Office (CWMD) operates the program and the technology utilized
by BioWatch was originally developed in coordination with DOE
national laboratories. BioWatch uses a network of sensors to
detect the release of certain biological threat agents that
involves air sampling and laboratory analysis. DHS, however,
has struggled to establish or demonstrate the program's current
capabilities and the technology has experienced a high
potential for false alarms.\2\ In addition, while the stated
goal of BioWatch was to be an early warning system, BioWatch's
technology and practices have limited its capability to enable
a rapid response to a confirmed attack, because laboratory
results are not available until 12 to 36 hours after samples
are collected at the machines deployed in U.S. cities.\3\
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\1\Congressional Research Service, The BioWatch Program: Detection
of Bioterrorism (RL32152) (November 2003).
\2\Government Accountability Office, Biosurveillance: DHS Should
Not Pursue BioWatch Upgrades or Enhancements Until System Capabilities
Are Established (GAO-16-99) (October 2015).
\3\Department of Homeland Security, Science and Technology
Directorate and Countering Weapons of Mass Destruction Office, DHS
Biosurveillance Systems (Sept. 28, 2020) (www.dhs.gov/sites/default/
files/publications/st_cwmd_-_dhs_biosurveillance_systems.pdf).
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In 2019, CWMD began a new acquisition program that aimed to
develop a next-generation capability for detecting airborne
biological threats. To address the limitations of BioWatch,
this program incorporated a system-of-systems approach, which
was intended to combine several technologies (such as
biological sensors, data analytics, field screening devices,
etc.) to enable a timelier and more efficient detection of
biological agents in an aerosolized attack. According to a May
2021 Government Accountability Office report, CWMD faced
challenges in acquiring the biodetection technologies necessary
to replace BioWatch.\4\ The Homeland Security Act of 2002
authorized DHS to use DOE laboratories to help execute its
mission, including for identifying and developing new
biodetection technologies.\5\ As DOE laboratories continue to
actively develop new biodetection technologies, DHS could
address the biodetection technology acquisition challenges CWMD
currently faces by utilizing the resources that DOE
laboratories offer that would help expand its biodetection
capabilities.\6\
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\4\Government Accountability Office, Biodefense: DHS Exploring New
Methods to Replace BioWatch and Could Benefit from Additional Guidance
(GAO-21-292) (May 2021).
\5\Section 309 of the Homeland Security Act of 2002 (P.L. 107-296)
gives the DHS Secretary the authority to utilize Department of Energy
national laboratories and sites in support of homeland security
activities.
\6\Department of Energy, Office of Science, National Virtual
Biotechnology Laboratory (https://science.osti.gov/nvbl/NVBL-Projects).
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III. LEGISLATIVE HISTORY
Representative Dale Strong (R-AL-05) introduced H.R. 6174,
the DHS Biodetection Improvement Act, on November 2, 2023, with
original cosponsors Representatives Mark Green (R-TN-07),
Anthony D'Esposito (R-NY-04), Eric Swalwell (D-CA-14), and Clay
Higgins (R-LA-03). The bill was referred to the House Committee
on Homeland Security. The Committee considered H.R. 6174 at a
meeting on November 8, 2023, and ordered the measure to be
favorably reported to the House by voice vote. The House of
Representatives considered H.R. 6174 on March 5, 2024, under
suspension of the rules, and passed the bill by voice vote.
The bill was referred to the Senate Committee on Homeland
Security and Governmental Affairs. The Committee considered
H.R. 6174 at a business meeting on July 31, 2024. The bill was
ordered reported favorably by roll call vote of 10 yeas to 1
nay, with Senators Peters, Carper, Hassan, Sinema, Rosen,
Ossoff, Blumenthal, Butler, Lankford, and Scott voting in the
affirmative, and Senator Paul voting in the negative. Senators
Johnson, Romney, Hawley and Marshall voted yea by proxy, for
the record only.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section establishes the short title of the bill as the
``DHS Biodetection Improvement Act.''
Section 2. DHS utilization of Department of Energy national
laboratories and sites for certain biodetection research and
development relating to the Missions of DHS
Subsection (a) directs the DHS Secretary to conduct an
assessment of how DHS has utilized DOE national laboratories
and sites in carrying out the missions of DHS.
Subsection (b) directs the assessment to be submitted to
the Senate Homeland Security and Governmental Affairs Committee
and the House Committee on Homeland Security no later than 180
days after enactment. The assessment shall include the
following: (1) identifying biodetection technologies that can
meet DHS's biodetection mission needs; (2) developing an
acquisition and procurement plan for biodetection technologies;
(3) conducting periodic external evaluations to identify gaps
and potential failure points with respect to such biodetection
technologies, and recommending contingency plans if such
technologies do not perform as expected; and (4) assisting with
the development of clearly defined program and technical
requirements for future DHS biodetection efforts, as
appropriate and in partnering with federal, state, local, and
tribal governments, higher education institutions, and the
private sector.
Subsection (c) directs the DHS Secretary to provide an
update on the assessment and strategy one year after enactment
to the Senate Homeland Security and Governmental Affairs
Committee and the House Committee on Homeland Security,
including any challenges in implementing the strategy.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
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H.R. 6174 would require the Department of Homeland Security
(DHS), within 180 days of enactment, to report to the Congress
on its use of the Department of Energy's national laboratories
and on a strategy to improve biodetection capabilities at DHS.
The department's efforts to prevent the use of biological and
chemical weapons include testing and monitoring air quality for
potential biological threats, conducting research, and
promoting readiness against such attacks by partnering with
state, local, and tribal governments. H.R. 6174 also would
require DHS to provide an update on the strategy to the
Congress within one year of enactment.
Based on the costs of similar activities, CBO estimates
that implementing H.R. 6174 would cost less than $500,000 over
the 2024-2029 period. Any related spending would be subject to
the availability of appropriated funds.
On November 20, 2023, CBO transmitted a cost estimate for
H.R. 6174, the DHS Biodetection Improvement Act, as ordered
reported by the House Committee on Homeland Security, on
November 8, 2023. The two bills are similar, and CBO's
estimates of both bills are the same.
The CBO staff contact for this estimate is Jeremy Crimm.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation would make no change in existing law,
within the meaning of clauses (a) and (b) of subparagraph 12 of
rule XXVI of the Standing Rules of the Senate, because this
legislation would not repeal or amend any provision of current
law.
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