[House Report 117-49]
[From the U.S. Government Publishing Office]


117th Congress     }                                    {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                    {      117-49

======================================================================



 
                    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \4\U.S. Department of Homeland Security, ``About DHS,'' available 
at https://www.dhs.gov/about-dhs.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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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