[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4465 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 675
117th CONGRESS
  2d Session
                                S. 4465

                          [Report No. 117-276]

  To establish a Countering Weapons of Mass Destruction Office and an 
 Office of Health Security in the Department of Homeland Security, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2022

Mr. Peters (for himself and Mr. Portman) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           December 19, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish a Countering Weapons of Mass Destruction Office and an 
 Office of Health Security in the Department of Homeland Security, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE, TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Offices 
of Countering Weapons of Mass Destruction and Health Security Act of 
2022''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title, table of contents.
    <DELETED>TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

<DELETED>Sec. 101. Countering Weapons of Mass Destruction Office.
<DELETED>Sec. 102. Rule of construction.
              <DELETED>TITLE II--OFFICE OF HEALTH SECURITY

<DELETED>Sec. 201. Office of Health Security.
<DELETED>Sec. 202. Medical countermeasures program.
<DELETED>Sec. 203. Confidentiality of medical quality assurance 
                            records.
<DELETED>Sec. 204. Portability of licensure.
<DELETED>Sec. 205. Technical and conforming amendments.

       <DELETED>TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION 
                            OFFICE</DELETED>

<DELETED>SEC. 101. COUNTERING WEAPONS OF MASS DESTRUCTION 
              OFFICE.</DELETED>

<DELETED>    (a) Homeland Security Act of 2002.--Title XIX of the 
Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is amended--
</DELETED>
        <DELETED>    (1) in section 1901 (6 U.S.C. 591)--</DELETED>
                <DELETED>    (A) in subsection (c), by amending 
                paragraphs (1) and (2) to read as follows:</DELETED>
        <DELETED>    ``(1) matters and strategies pertaining to--
        </DELETED>
                <DELETED>    ``(A) weapons of mass destruction; 
                and</DELETED>
                <DELETED>    ``(B) chemical, biological, radiological, 
                nuclear, and other related emerging threats; 
                and</DELETED>
        <DELETED>    ``(2) coordinating the efforts of the Department 
        to counter--</DELETED>
                <DELETED>    ``(A) weapons of mass destruction; 
                and</DELETED>
                <DELETED>    ``(B) chemical, biological, radiological, 
                nuclear, and other related emerging threats.''; 
                and</DELETED>
                <DELETED>    (B) by striking subsection (e);</DELETED>
        <DELETED>    (2) by amending section 1921 (6 U.S.C. 591g) to 
        read as follows:</DELETED>

<DELETED>``SEC. 1921. MISSION OF THE OFFICE.</DELETED>

<DELETED>    ``The Office shall be responsible for--</DELETED>
        <DELETED>    ``(1) coordinating the efforts of the Department 
        to counter--</DELETED>
                <DELETED>    ``(A) weapons of mass destruction; 
                and</DELETED>
                <DELETED>    ``(B) chemical, biological, radiological, 
                nuclear, and other related emerging threats; 
                and</DELETED>
        <DELETED>    ``(2) enhancing the ability of Federal, State, 
        local, Tribal, and territorial partners to prevent, detect, 
        protect against, and mitigate the impacts of attacks using--
        </DELETED>
                <DELETED>    ``(A) weapons of mass destruction against 
                the United States; and</DELETED>
                <DELETED>    ``(B) chemical, biological, radiological, 
                nuclear, and other related emerging threats against the 
                United States.'';</DELETED>
        <DELETED>    (3) in section 1922 (6 U.S.C. 591h)--</DELETED>
                <DELETED>    (A) by striking subsection (b); 
                and</DELETED>
                <DELETED>    (B) by redesignating subsection (c) as 
                subsection (b);</DELETED>
        <DELETED>    (4) in section 1923 (6 U.S.C. 592)--</DELETED>
                <DELETED>    (A) by redesignating subsections (a) and 
                (b) as subsections (b) and (d), respectively;</DELETED>
                <DELETED>    (B) by inserting before subsection (b) the 
                following:</DELETED>
<DELETED>    ``(a) Office Responsibilities.--</DELETED>
        <DELETED>    ``(1) In general.--For the purposes of 
        coordinating the efforts of the Department to counter weapons 
        of mass destruction and chemical, biological, radiological, and 
        nuclear threats, the Office shall--</DELETED>
                <DELETED>    ``(A) provide expertise and guidance to 
                Department leadership and components on chemical, 
                biological, radiological, and nuclear matters, subject 
                to the research, development, testing, and evaluation 
                coordination requirement described in subparagraph 
                (G);</DELETED>
                <DELETED>    ``(B) in coordination with the Office for 
                Strategy, Policy, and Plans, lead development of 
                policies and strategies to counter weapons of mass 
                destruction and chemical, biological, radiological, and 
                nuclear threats on behalf of the Department;</DELETED>
                <DELETED>    ``(C) identify, assess, and prioritize 
                capability gaps relating to the Department's chemical, 
                biological, radiological, and nuclear strategic and 
                mission objectives;</DELETED>
                <DELETED>    ``(D) in coordination with the Office of 
                Intelligence and Analysis, support components of the 
                Department, and Federal, State, local, Tribal, and 
                territorial partners, provide intelligence and 
                information analysis and reports on weapons of mass 
                destruction and chemical, biological, radiological, 
                nuclear, and other related emerging threats;</DELETED>
                <DELETED>    ``(E) in consultation with the Science and 
                Technology Directorate, assess risk to the United 
                States from weapons of mass destruction and chemical, 
                biological, radiological, nuclear, and other related 
                emerging threats;</DELETED>
                <DELETED>    ``(F) lead development and prioritization 
                of Department requirements to counter weapons of mass 
                destruction and chemical, biological, radiological, and 
                nuclear threats, subject to the research, development, 
                testing, and evaluation coordination requirement 
                described in subparagraph (G), which requirements shall 
                be--</DELETED>
                        <DELETED>    ``(i) developed in coordination 
                        with end users; and</DELETED>
                        <DELETED>    ``(ii) reviewed by the Joint 
                        Requirements Council, as directed by the 
                        Secretary;</DELETED>
                <DELETED>    ``(G) in coordination with the Science and 
                Technology Directorate, direct, fund, and coordinate 
                capability development activities to counter weapons of 
                mass destruction and all chemical, biological, 
                radiological, and nuclear research, development, test, 
                and evaluation matters, including research, 
                development, testing, and evaluation expertise, threat 
                characterization, technology maturation, prototyping, 
                and technology transition;</DELETED>
                <DELETED>    ``(H) acquire, procure, and deploy counter 
                weapons of mass destruction capabilities, and serve as 
                the lead advisor of the Department on component 
                acquisition, procurement, and deployment of counter-
                weapons of mass destruction capabilities;</DELETED>
                <DELETED>    ``(I) in coordination with the Office of 
                Health Security, support components of the Department, 
                and Federal, State, local, Tribal, and territorial 
                partners on chemical, biological, radiological, and 
                nuclear health matters;</DELETED>
                <DELETED>    ``(J) provide chemical, biological, 
                radiological, and nuclear expertise to Department and 
                Federal partners to support engagements and efforts 
                with international partners subject to the research, 
                development, testing, and evaluation coordination 
                requirement under subparagraph (G); and</DELETED>
                <DELETED>    ``(K) carry out any other duties assigned 
                to the Office by the Secretary.</DELETED>
        <DELETED>    ``(2) Detection and reporting.--For purposes of 
        the chemical, biological, radiological, and nuclear detection 
        and reporting responsibilities of the Office, the Office 
        shall--</DELETED>
                <DELETED>    ``(A) in coordination with end users, 
                including State, local, Tribal, and territorial 
                partners, as appropriate--</DELETED>
                        <DELETED>    ``(i) carry out a program to test 
                        and evaluate technology, in consultation with 
                        the Science and Technology Directorate, to 
                        detect and report on chemical, biological, 
                        radiological, and nuclear weapons or 
                        unauthorized material, in coordination with 
                        other Federal agencies, as appropriate, and 
                        establish performance metrics to evaluate the 
                        effectiveness of individual detectors and 
                        detection systems in detecting those weapons or 
                        material--</DELETED>
                                <DELETED>    ``(I) under realistic 
                                operational and environmental 
                                conditions; and</DELETED>
                                <DELETED>    ``(II) against realistic 
                                adversary tactics and 
                                countermeasures;</DELETED>
                <DELETED>    ``(B) in coordination with end users, 
                conduct, support, coordinate, and encourage a 
                transformational program of research and development to 
                generate and improve technologies to detect, protect 
                against, and report on the illicit entry, transport, 
                assembly, or potential use within the United States of 
                chemical, biological, radiological, and nuclear weapons 
                or unauthorized material, and coordinate with the Under 
                Secretary for Science and Technology on research and 
                development efforts relevant to the mission of the 
                Office and the Under Secretary for Science and 
                Technology;</DELETED>
                <DELETED>    ``(C) before carrying out operational 
                testing under subparagraph (A), develop a testing and 
                evaluation plan that articulates the requirements for 
                the user and describes how these capability needs will 
                be tested in developmental test and evaluation and 
                operational test and evaluation;</DELETED>
                <DELETED>    ``(D) develop, acquire, and deploy 
                equipment to detect and report on chemical, biological, 
                radiological, and nuclear weapons or unauthorized 
                material in support of Federal, State, local, Tribal, 
                and territorial governments;</DELETED>
                <DELETED>    ``(E) support and enhance the effective 
                sharing and use of appropriate information on chemical, 
                biological, radiological, and nuclear threats and 
                related emerging issues generated by elements of the 
                intelligence community (as defined in section 3 of the 
                National Security Act of 1947 (50 U.S.C. 3003)), law 
                enforcement agencies, other Federal agencies, State, 
                local, Tribal, and territorial governments, and foreign 
                governments, as well as provide appropriate information 
                to those entities;</DELETED>
                <DELETED>    ``(F) consult, as appropriate, with the 
                Federal Emergency Management Agency and other 
                departmental components, on chemical, biological, 
                radiological, and nuclear threats and efforts to 
                mitigate, prepare, and respond to all threats in 
                support of the State, local, and Tribal communities; 
                and</DELETED>
                <DELETED>    ``(G) perform other duties as assigned by 
                the Secretary.'';</DELETED>
                <DELETED>    (C) in subsection (b), as so 
                redesignated--</DELETED>
                        <DELETED>    (i) in the subsection heading, by 
                        striking ``Mission'' and inserting 
                        ``Radiological and Nuclear 
                        Responsibilities'';</DELETED>
                        <DELETED>    (ii) in paragraph (1)--</DELETED>
                                <DELETED>    (I) by inserting 
                                ``deploy,'' after ``acquire,''; 
                                and</DELETED>
                                <DELETED>    (II) by striking 
                                ``deployment'' and inserting 
                                ``operations'';</DELETED>
                        <DELETED>    (iii) by striking paragraphs (6) 
                        through (10);</DELETED>
                        <DELETED>    (iv) redesignating paragraphs (11) 
                        and (12) as paragraphs (6) and (7), 
                        respectively;</DELETED>
                        <DELETED>    (v) in paragraph (6)(B), as so 
                        redesignated, by striking ``national strategic 
                        five-year plan referred to in paragraph (10)'' 
                        and inserting ``United States national 
                        technical nuclear forensics strategic 
                        planning'';</DELETED>
                        <DELETED>    (vi) in paragraph (7)(C)(v), as so 
                        redesignated--</DELETED>
                                <DELETED>    (I) in the matter 
                                preceding subclause (I), by inserting 
                                ``except as otherwise provided,'' 
                                before ``require''; and</DELETED>
                                <DELETED>    (II) in subclause (II)--
                                </DELETED>
                                        <DELETED>    (aa) in the matter 
                                        preceding item (aa), by 
                                        striking ``death or 
                                        disability'' and inserting 
                                        ``death, disability, or a 
                                        finding of good cause as 
                                        determined by the Assistant 
                                        Secretary (including extreme 
                                        hardship, extreme need, or the 
                                        needs of the Office) and for 
                                        which the Assistant Secretary 
                                        may grant a waiver of the 
                                        repayment obligation''; 
                                        and</DELETED>
                                        <DELETED>    (bb) in item (bb), 
                                        by adding ``and'' at the 
                                        end;</DELETED>
                        <DELETED>    (vii) by striking paragraph (13); 
                        and</DELETED>
                        <DELETED>    (viii) by redesignating paragraph 
                        (14) as paragraph (8); and</DELETED>
                <DELETED>    (D) by inserting after subsection (b), as 
                so redesignated, the following:</DELETED>
<DELETED>    ``(c) Chemical and Biological Responsibilities.--The 
Office--</DELETED>
        <DELETED>    ``(1) shall be responsible for coordinating with 
        other Federal efforts to enhance the ability of Federal, State, 
        local, and Tribal governments to prevent, detect, protect 
        against, and mitigate the impacts of chemical and biological 
        threats against the United States; and</DELETED>
        <DELETED>    ``(2) shall--</DELETED>
                <DELETED>    ``(A) serve as a primary entity of the 
                Federal Government to further develop, acquire, deploy, 
                and support the operations of a national 
                biosurveillance system in support of Federal, State, 
                local, Tribal, and territorial governments, and improve 
                that system over time;</DELETED>
                <DELETED>    ``(B) enhance the chemical and biological 
                detection efforts of Federal, State, local, Tribal, and 
                territorial governments and provide guidance, tools, 
                and training to help ensure a managed, coordinated 
                response; and</DELETED>
                <DELETED>    ``(C) collaborate with the Biomedical 
                Advanced Research and Development Authority, the Office 
                of Health Security, the Defense Advanced Research 
                Projects Agency, and the National Aeronautics and Space 
                Administration, and other relevant Federal 
                stakeholders, and receive input from industry, 
                academia, and the national laboratories on chemical and 
                biological surveillance efforts.'';</DELETED>
        <DELETED>    (5) in section 1924 (6 U.S.C. 593), by striking 
        ``section 11011 of the Strom Thurmond National Defense 
        Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' 
        and inserting ``section 4092 of title 10, United States Code, 
        except that the authority shall be limited to facilitate the 
        recruitment of experts in the chemical, biological, 
        radiological, or nuclear specialties.'';</DELETED>
        <DELETED>    (6) in section 1927(a)(1)(C) (6 U.S.C. 
        596a(a)(1)(C))--</DELETED>
                <DELETED>    (A) in clause (i), by striking ``required 
                under section 1036 of the National Defense 
                Authorization Act for Fiscal Year 2010'';</DELETED>
                <DELETED>    (B) in clause (ii), by striking ``and'' at 
                the end;</DELETED>
                <DELETED>    (C) in clause (iii), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(iv) includes any other 
                        information regarding national technical 
                        nuclear forensics activities carried out under 
                        section 1923.'';</DELETED>
        <DELETED>    (7) in section 1928 (6 U.S.C. 596b)--</DELETED>
                <DELETED>    (A) in subsection (c)(1), by striking 
                ``from among high-risk urban areas under section 2003'' 
                and inserting ``based on the capability and capacity of 
                the jurisdiction, as well as the relative threat, 
                vulnerability, and consequences from terrorist attacks 
                and other high-consequence events utilizing nuclear or 
                other radiological materials''; and</DELETED>
                <DELETED>    (B) by striking subsection (d) and 
                inserting the following:</DELETED>
<DELETED>    ``(d) Report.--Not later than 2 years after the date of 
enactment of the Offices of Countering Weapons of Mass Destruction and 
Health Security Act of 2022, the Secretary shall submit to the 
appropriate congressional committees an update on the STC program.''; 
and</DELETED>
        <DELETED>    (8) by adding at the end the following:</DELETED>

<DELETED>``SEC. 1929. ACCOUNTABILITY.</DELETED>

<DELETED>    ``(a) Departmentwide Strategy.--Not later than 180 days 
after the date of enactment of Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2022, and every 4 years 
thereafter, the Secretary, in coordination with the Deputy Secretary, 
shall create a Departmentwide strategy and implementation plan to 
counter weapons of mass destruction and chemical, biological, 
radiological, and nuclear threats, which should--</DELETED>
        <DELETED>    ``(1) have clearly identified authorities, 
        specified roles, objectives, benchmarks, accountability, and 
        timelines;</DELETED>
        <DELETED>    ``(2) incorporate the perspectives of non-Federal 
        and private sector partners; and</DELETED>
        <DELETED>    ``(3) articulate how the Department will 
        contribute to relevant national-level strategies and work with 
        other Federal agencies.</DELETED>
<DELETED>    ``(b) Consideration.--The Secretary shall appropriately 
consider chemical, biological, radiological, nuclear, and emerging 
threats when creating the strategy and implementation plan required 
under subsection (a).</DELETED>
<DELETED>    ``(c) Report.--The Office shall submit to the appropriate 
congressional committees a report on the updated Departmentwide 
strategy and implementation plan required under subsection 
(a).</DELETED>
<DELETED>    ``(d) Employee Morale.--Not later than 180 days after the 
date of enactment of the Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2022, the Office shall submit to 
and brief the appropriate congressional committees on a strategy and 
plan to continuously improve morale within the Office.</DELETED>
<DELETED>    ``(e) Comptroller General.--Not later than 1 year after 
the date of enactment of the Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2022, the Comptroller General of 
the United States shall conduct a review of and brief the appropriate 
congressional committees on--</DELETED>
        <DELETED>    ``(1) the efforts of the Office to prioritize the 
        programs and activities that carry out the mission of the 
        Office, including research and development;</DELETED>
        <DELETED>    ``(2) the consistency and effectiveness of 
        stakeholder coordination across the countering weapons of mass 
        destruction mission, including operational and support 
        components of the Department and State and local entities; 
        and</DELETED>
        <DELETED>    ``(3) the efforts of the Office to manage and 
        coordinate the lifecycle of research and development within the 
        Office and with other components of the Department, including 
        the Science and Technology Directorate.</DELETED>
<DELETED>    ``(f) National Academies of Sciences, Engineering, and 
Medicine.--</DELETED>
        <DELETED>    ``(1) Study.--The Secretary shall enter into an 
        agreement with the National Academies of Sciences, Engineering, 
        and Medicine to conduct a consensus study and report to the 
        Secretary and the appropriate congressional committees on--
        </DELETED>
                <DELETED>    ``(A) the role of the Department in 
                preparing, detecting, and responding to biological and 
                health security threats to the homeland;</DELETED>
                <DELETED>    ``(B) recommendations to improve 
                departmental biosurveillance efforts against biological 
                threats, including any relevant biological detection 
                methods and technologies; and</DELETED>
                <DELETED>    ``(C) the feasibility of different 
                technological advances for biodetection compared to the 
                cost, risk reduction, and timeliness of those 
                advances.</DELETED>
        <DELETED>    ``(2) Briefing.--Not later than 1 year after the 
        date on which the Secretary receives the report required under 
        paragraph (1), the Secretary shall brief the appropriate 
        congressional committees on--</DELETED>
                <DELETED>    ``(A) the implementation of the 
                recommendations included in the report; and</DELETED>
                <DELETED>    ``(B) the status of biological detection 
                at the Department, and, if applicable, timelines for 
                the transition from Biowatch to updated 
                technology.</DELETED>
<DELETED>    ``(g) Advisory Council.--</DELETED>
        <DELETED>    ``(1) Establishment.--Not later than 180 days 
        after the date of enactment of the Offices of Countering 
        Weapons of Mass Destruction and Health Security Act of 2022, 
        the Secretary shall establish an advisory body to ensure 
        effective and ongoing coordination of the efforts of the 
        Department to counter weapons of mass destruction, to be known 
        as the Advisory Council for Countering Weapons of Mass 
        Destruction (in this subsection referred to as the `Advisory 
        Council').</DELETED>
        <DELETED>    ``(2) Membership.--The members of the Advisory 
        Council shall--</DELETED>
                <DELETED>    ``(A) be appointed by the Assistant 
                Secretary; and</DELETED>
                <DELETED>    ``(B) to the extent practicable, represent 
                a geographic (including urban and rural) and 
                substantive cross section of officials, from State, 
                local, and Tribal governments, academia, the private 
                sector, national laboratories, and nongovernmental 
                organizations, including, as appropriate--</DELETED>
                        <DELETED>    ``(i) members selected from the 
                        emergency management field and emergency 
                        response providers;</DELETED>
                        <DELETED>    ``(ii) State, local, and Tribal 
                        government officials;</DELETED>
                        <DELETED>    ``(iii) experts in the public and 
                        private sectors with expertise in chemical, 
                        biological, radiological, and nuclear agents 
                        and weapons;</DELETED>
                        <DELETED>    ``(iv) representatives from the 
                        national laboratories; and</DELETED>
                        <DELETED>    ``(v) such other individuals as 
                        the Assistant Secretary determines to be 
                        appropriate.</DELETED>
        <DELETED>    ``(3) Responsibilities.-- The Advisory Council 
        shall--</DELETED>
                <DELETED>    ``(A) advise the Assistant Secretary on 
                all aspects of countering weapons of mass 
                destruction;</DELETED>
                <DELETED>    ``(B) incorporate State, local, and Tribal 
                government, national laboratories, and private sector 
                input in the development of the strategy and 
                implementation plan of the Department for countering 
                weapons of mass destruction; and</DELETED>
                <DELETED>    ``(C) establish performance criteria for a 
                national biological detection system and review the 
                testing protocol for biological detection 
                prototypes.</DELETED>
        <DELETED>    ``(4) Consultation.--To ensure input from and 
        coordination with State, local, and Tribal governments, the 
        Assistant Secretary shall regularly consult and work with the 
        Advisory Council on the administration of Federal assistance 
        provided by the Department, including with respect to the 
        development of requirements for countering weapons of mass 
        destruction programs, as appropriate.</DELETED>
        <DELETED>    ``(5) Voluntary service.--The members of the 
        Advisory Council shall serve on the Advisory Council on a 
        voluntary basis.</DELETED>
        <DELETED>    ``(6) FACA.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Advisory 
        Council.''.</DELETED>
<DELETED>    (b) Countering Weapons of Mass Destruction Act of 2018.--
Section 2 of the Countering Weapons of Mass Destruction Act of 2018 
(Public Law 115-387; 132 Stat. 5162) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)(2) (6 U.S.C. 591 note), by 
        striking ``1927'' and inserting ``1926''; and</DELETED>
        <DELETED>    (2) in subsection (g) (6 U.S.C. 591 note)--
        </DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``one year after the date of the enactment 
                of this Act, and annually thereafter,'' and inserting 
                ``June 30 of each year,''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                ``Security, including research and development 
                activities'' and inserting ``Security''.</DELETED>
<DELETED>    (c) Security and Accountability for Every Port Act of 
2006.--The Security and Accountability for Every Port Act of 2006 (6 
U.S.C. 901 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 1(b) (Public Law 109-347; 120 Stat 
        1884), by striking the item relating to section 502; 
        and</DELETED>
        <DELETED>    (2) by striking section 502 (6 U.S.C. 
        592a).</DELETED>

<DELETED>SEC. 102. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this title or the amendments made by this title 
shall be construed to affect or diminish the authorities or 
responsibilities of the Under Secretary for Science and 
Technology.</DELETED>

         <DELETED>TITLE II--OFFICE OF HEALTH SECURITY</DELETED>

<DELETED>SEC. 201. OFFICE OF HEALTH SECURITY.</DELETED>

<DELETED>    (a) Establishment.--The Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 103 (6 U.S.C. 113)--</DELETED>
                <DELETED>    (A) in subsection (a)(2)--</DELETED>
                        <DELETED>    (i) by striking ``the Assistant 
                        Secretary for Health Affairs,''; and</DELETED>
                        <DELETED>    (ii) by striking ``Affairs, or'' 
                        and inserting ``Affairs or''; and</DELETED>
                <DELETED>    (B) in subsection (d), by adding at the 
                end the following:</DELETED>
        <DELETED>    ``(6) A Chief Medical Officer.'';</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>

     <DELETED>``TITLE XXIII--OFFICE OF HEALTH SECURITY'';</DELETED>

        <DELETED>    (3) by redesignating section 1931 (6 U.S.C. 597) 
        as section 2301 and transferring such section to appear after 
        the heading for title XXIII, as added by paragraph (2); 
        and</DELETED>
        <DELETED>    (4) in section 2301, as so redesignated--
        </DELETED>
                <DELETED>    (A) in the section heading, by striking 
                ``chief medical officer'' and inserting ``office of 
                health security'';</DELETED>
                <DELETED>    (B) by striking subsections (a) and (b) 
                and inserting the following:</DELETED>
<DELETED>    ``(a) In General.--There is established in the Department 
an Office of Health Security.</DELETED>
<DELETED>    ``(b) Head of Office of Health Security.--The Office of 
Health Security shall be headed by a chief medical officer, who shall--
</DELETED>
        <DELETED>    ``(1) be the Assistant Secretary for Health 
        Security and the Chief Medical Officer of the 
        Department;</DELETED>
        <DELETED>    ``(2) be a licensed physician possessing a 
        demonstrated ability in and knowledge of medicine and public 
        health;</DELETED>
        <DELETED>    ``(3) be appointed by the President; and</DELETED>
        <DELETED>    ``(4) report directly to the 
        Secretary.'';</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1), by striking ``medical issues 
                        related to natural disasters, acts of 
                        terrorism, and other man-made disasters'' and 
                        inserting ``oversight of all medical, public 
                        health, and workforce safety matters of the 
                        Department'';</DELETED>
                        <DELETED>    (ii) in paragraph (1), by striking 
                        ``, the Administrator of the Federal Emergency 
                        Management Agency, the Assistant Secretary, and 
                        other Department officials'' and inserting 
                        ``and all other Department 
                        officials'';</DELETED>
                        <DELETED>    (iii) in paragraph (4), by 
                        striking ``and'' at the end;</DELETED>
                        <DELETED>    (iv) by redesignating paragraph 
                        (5) as paragraph (12); and</DELETED>
                        <DELETED>    (v) by inserting after paragraph 
                        (4) the following:</DELETED>
        <DELETED>    ``(5) overseeing all medical and public health 
        activities of the Department, including the delivery, 
        advisement, and oversight of direct patient care and the 
        organization, management, and staffing of component operations 
        that deliver direct patient care;</DELETED>
        <DELETED>    ``(6) advising the head of each component of the 
        Department that delivers direct patient care regarding the 
        recruitment and appointment of a component chief medical 
        officer and deputy chief medical officer or the employee who 
        functions in the capacity of chief medical officer and deputy 
        chief medical officer;</DELETED>
        <DELETED>    ``(7) advising the Secretary and the head of each 
        component of the Department that delivers direct patient care 
        regarding knowledge and skill standards for medical personnel 
        and the assessment of that knowledge and skill;</DELETED>
        <DELETED>    ``(8) advising the Secretary and the head of each 
        component of the Department that delivers patient care 
        regarding the collection, storage, and oversight of medical 
        records;</DELETED>
        <DELETED>    ``(9) in consultation with the Chief Information 
        Officer of the Department--</DELETED>
                <DELETED>    ``(A) identifying methods and technologies 
                for managing, updating, and overseeing patient records; 
                and</DELETED>
                <DELETED>    ``(B) setting standards for technology 
                used by the components of the Department regarding the 
                collection, storage, and oversight of medical 
                records;</DELETED>
        <DELETED>    ``(10) advising the Secretary and the head of each 
        component of the Department that delivers direct patient care 
        regarding contracts for the delivery of direct patient care, 
        other medical services, and medical supplies;</DELETED>
        <DELETED>    ``(11) coordinating with the Countering Weapons of 
        Mass Destruction Office and other components of the Department 
        as directed by the Secretary to enhance the ability of Federal, 
        State, local, Tribal, and territorial governments to prevent, 
        detect, protect against, and mitigate the health effects of 
        chemical, biological, radiological, and nuclear issues; and''; 
        and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(d) Assistance and Agreements.--The Secretary, acting 
through the Chief Medical Officer, in support of the medical and public 
health activities of the Department, may--</DELETED>
        <DELETED>    ``(1) provide technical assistance, training, and 
        information and distribute funds through grants and cooperative 
        agreements to State, local, Tribal, and territorial governments 
        and nongovernmental organizations;</DELETED>
        <DELETED>    ``(2) enter into other transactions;</DELETED>
        <DELETED>    ``(3) enter into agreements with other Federal 
        agencies; and</DELETED>
        <DELETED>    ``(4) accept services from personnel of components 
        of the Department and other Federal agencies on a reimbursable 
        or nonreimbursable basis.</DELETED>
<DELETED>    ``(e) Office of Health Security Privacy Officer.--There 
shall be a Privacy Officer in the Office of Health Security with 
primary responsibility for privacy policy and compliance within the 
Office, who shall--</DELETED>
        <DELETED>    ``(1) report directly to the Chief Medical 
        Officer; and</DELETED>
        <DELETED>    ``(2) ensure privacy protections are integrated 
        into all Office of Health Security activities, subject to the 
        review and approval of the Privacy Officer of the Department to 
        the extent consistent with the authority of the Privacy Officer 
        of the Department under section 222.'';</DELETED>
        <DELETED>    (5) by redesignating section 710 (6 U.S.C. 350) as 
        section 2302 and transferring such section to appear after 
        section 2301, as so redesignated;</DELETED>
        <DELETED>    (6) in section 2302, as so redesignated--
        </DELETED>
                <DELETED>    (A) in subsection (a), by striking ``Under 
                Secretary for Management'' each place that term appears 
                and inserting ``Chief Medical Officer''; and</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1), by striking ``Under Secretary 
                        for Management, in coordination with the Chief 
                        Medical Officer,'' and inserting ``Chief 
                        Medical Officer''; and</DELETED>
                        <DELETED>    (ii) in paragraph (3), by striking 
                        ``as deemed appropriate by the Under 
                        Secretary,'';</DELETED>
        <DELETED>    (7) by redesignating section 528 (6 U.S.C. 321q) 
        as section 2303 and transferring such section to appear after 
        section 2302, as so redesignated; and</DELETED>
        <DELETED>    (8) in section 2303(a), as so redesignated, by 
        striking ``Assistant Secretary for the Countering Weapons of 
        Mass Destruction Office'' and inserting ``Chief Medical 
        Officer''.</DELETED>
<DELETED>    (b) Transition and Transfers.--</DELETED>
        <DELETED>    (1) Transition.--The individual appointed pursuant 
        to section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
        597) of the Department of Homeland Security, as in effect on 
        the day before the date of enactment of this Act, and serving 
        as the Chief Medical Officer of the Department of Homeland 
        Security on the day before the date of enactment of this Act, 
        shall continue to serve as the Chief Medical Officer of the 
        Department on and after the date of enactment of this Act 
        without the need for reappointment.</DELETED>
        <DELETED>    (2) Rule of construction.--The rule of 
        construction described in section 2(hh) of the Presidential 
        Appointment Efficiency and Streamlining Act of 2011 (5 U.S.C. 
        3132 note) shall not apply to the Chief Medical Officer of the 
        Department of Homeland Security, including the incumbent who 
        holds the position on the day before the date of enactment of 
        this Act, and such officer shall be paid pursuant to section 
        3132(a)(2) or 5315 of title 5, United States Code.</DELETED>
        <DELETED>    (3) Transfer.--The Secretary of Homeland Security 
        shall transfer to the Chief Medical Officer of the Department 
        of Homeland Security--</DELETED>
                <DELETED>    (A) all functions, personnel, budget 
                authority, and assets of the Under Secretary for 
                Management relating to workforce health and medical 
                support, as in existence on the day before the date of 
                enactment of this Act;</DELETED>
                <DELETED>    (B) all functions, personnel, budget 
                authority, and assets of the Assistant Secretary for 
                the Countering Weapons of Mass Destruction Office 
                relating to the Chief Medical Officer, including the 
                Medical Operations Directorate of the Countering 
                Weapons of Mass Destruction Office, as in existence on 
                the day before the date of enactment of this Act; 
                and</DELETED>
                <DELETED>    (C) all functions, personnel, budget 
                authority, and assets of the Assistant Secretary for 
                the Countering Weapons of Mass Destruction Office 
                associated with the efforts pertaining to the program 
                coordination activities relating to defending the food, 
                agriculture, and veterinary defenses of the Office, as 
                in existence on the day before the date of enactment of 
                this Act.</DELETED>

<DELETED>SEC. 202. MEDICAL COUNTERMEASURES PROGRAM.</DELETED>

<DELETED>    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 
is amended by redesignating section 1932 (6 U.S.C. 597a) as section 
2304 and transferring such section to appear after section 2303, as so 
redesignated by section 201 of this Act.</DELETED>

<DELETED>SEC. 203. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
              RECORDS.</DELETED>

<DELETED>    Title XXIII of the Homeland Security Act of 2002, as added 
by this Act, is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
              RECORDS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Health care provider.--The term `health care 
        provider' means an individual who--</DELETED>
                <DELETED>    ``(A) is--</DELETED>
                        <DELETED>    ``(i) an employee of the 
                        Department;</DELETED>
                        <DELETED>    ``(ii) a detailee to the 
                        Department from another Federal 
                        agency;</DELETED>
                        <DELETED>    ``(iii) a personal services 
                        contractor of the Department; or</DELETED>
                        <DELETED>    ``(iv) hired under a contract for 
                        services;</DELETED>
                <DELETED>    ``(B) performs health care services as 
                part of duties of the individual in that capacity; 
                and</DELETED>
                <DELETED>    ``(C) has a current, valid, and 
                unrestricted license or certification--</DELETED>
                        <DELETED>    ``(i) that is issued by a State, 
                        the District of Columbia, or a commonwealth, 
                        territory, or possession of the United States; 
                        and</DELETED>
                        <DELETED>    ``(ii) that is for the practice of 
                        medicine, osteopathic medicine, dentistry, 
                        nursing, emergency medical services, or another 
                        health profession.</DELETED>
        <DELETED>    ``(2) Medical quality assurance program.--The term 
        `medical quality assurance program' means any activity carried 
        out by the Department to assess the quality of medical care, 
        including activities conducted by individuals, committees, or 
        other review bodies responsible for quality assurance, 
        credentials, infection control, incident reporting, the 
        delivery, advisement, and oversight of direct patient care and 
        assessment (including treatment procedures, blood, drugs, and 
        therapeutics), medical records, health resources management 
        review, and identification and prevention of medical, mental 
        health, or dental incidents and risks.</DELETED>
        <DELETED>    ``(3) Medical quality assurance record of the 
        department.--The term `medical quality assurance record of the 
        Department' means all information, including the proceedings, 
        records (including patient records that the Department creates 
        and maintains as part of a system of records), minutes, and 
        reports that--</DELETED>
                <DELETED>    ``(A) emanate from quality assurance 
                program activities described in paragraph (2); 
                and</DELETED>
                <DELETED>    ``(B) are produced or compiled by the 
                Department as part of a medical quality assurance 
                program.</DELETED>
<DELETED>    ``(b) Confidentiality of Records.--A medical quality 
assurance record of the Department that is created as part of a medical 
quality assurance program--</DELETED>
        <DELETED>    ``(1) is confidential and privileged; 
        and</DELETED>
        <DELETED>    ``(2) except as provided in subsection (d), may 
        not be disclosed to any person or entity.</DELETED>
<DELETED>    ``(c) Prohibition on Disclosure and Testimony.--Except as 
otherwise provided in this section--</DELETED>
        <DELETED>    ``(1) no part of any medical quality assurance 
        record of the Department may be subject to discovery or 
        admitted into evidence in any judicial or administrative 
        proceeding; and</DELETED>
        <DELETED>    ``(2) an individual who reviews or creates a 
        medical quality assurance record of the Department or who 
        participates in any proceeding that reviews or creates a 
        medical quality assurance record of the Department may not be 
        permitted or required to testify in any judicial or 
        administrative proceeding with respect to the record or with 
        respect to any finding, recommendation, evaluation, opinion, or 
        action taken by that individual in connection with the 
        record.</DELETED>
<DELETED>    ``(d) Authorized Disclosure and Testimony.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), a 
        medical quality assurance record of the Department may be 
        disclosed, and a person described in subsection (c)(2) may give 
        testimony in connection with the record, only as 
        follows:</DELETED>
                <DELETED>    ``(A) To a Federal agency or private 
                organization, if the medical quality assurance record 
                of the Department or testimony is needed by the Federal 
                agency or private organization to--</DELETED>
                        <DELETED>    ``(i) perform licensing or 
                        accreditation functions related to Department 
                        health care facilities, a facility affiliated 
                        with the Department, or any other location 
                        authorized by the Secretary for the performance 
                        of health care services; or</DELETED>
                        <DELETED>    ``(ii) perform monitoring, 
                        required by law, of Department health care 
                        facilities, a facility affiliated with the 
                        Department, or any other location authorized by 
                        the Secretary for the performance of health 
                        care services.</DELETED>
                <DELETED>    ``(B) To an administrative or judicial 
                proceeding concerning an adverse action related to the 
                credentialing of or health care provided by a present 
                or former health care provider by the 
                Department.</DELETED>
                <DELETED>    ``(C) To a governmental board or agency or 
                to a professional health care society or organization, 
                if the medical quality assurance record of the 
                Department or testimony is needed by the board, agency, 
                society, or organization to perform licensing, 
                credentialing, or the monitoring of professional 
                standards with respect to any health care provider who 
                is or was a health care provider for the 
                Department.</DELETED>
                <DELETED>    ``(D) To a hospital, medical center, or 
                other institution that provides health care services, 
                if the medical quality assurance record of the 
                Department or testimony is needed by the institution to 
                assess the professional qualifications of any health 
                care provider who is or was a health care provider for 
                the Department and who has applied for or been granted 
                authority or employment to provide health care services 
                in or on behalf of the institution.</DELETED>
                <DELETED>    ``(E) To an employee, a detailee, or a 
                contractor of the Department who has a need for the 
                medical quality assurance record of the Department or 
                testimony to perform official duties or duties within 
                the scope of their contract.</DELETED>
                <DELETED>    ``(F) To a criminal or civil law 
                enforcement agency or instrumentality charged under 
                applicable law with the protection of the public health 
                or safety, if a qualified representative of the agency 
                or instrumentality makes a written request that the 
                medical quality assurance record of the Department or 
                testimony be provided for a purpose authorized by 
                law.</DELETED>
                <DELETED>    ``(G) In an administrative or judicial 
                proceeding commenced by a criminal or civil law 
                enforcement agency or instrumentality described in 
                subparagraph (F), but only with respect to the subject 
                of the proceeding.</DELETED>
        <DELETED>    ``(2) Personally identifiable information.--
        </DELETED>
                <DELETED>    ``(A) In general.--With the exception of 
                the subject of a quality assurance action, personally 
                identifiable information of any person receiving health 
                care services from the Department or of any other 
                person associated with the Department for purposes of a 
                medical quality assurance program that is disclosed in 
                a medical quality assurance record of the Department 
                shall be deleted from that record before any disclosure 
                of the record is made outside the Department.</DELETED>
                <DELETED>    ``(B) Application.--The requirement under 
                subparagraph (A) shall not apply to the release of 
                information that is permissible under section 552a of 
                title 5, United States Code (commonly known as the 
                `Privacy Act of 1974').</DELETED>
<DELETED>    ``(e) Disclosure for Certain Purposes.--Nothing in this 
section shall be construed--</DELETED>
        <DELETED>    ``(1) to authorize or require the withholding from 
        any person or entity aggregate statistical information 
        regarding the results of medical quality assurance programs; 
        or</DELETED>
        <DELETED>    ``(2) to authorize the withholding of any medical 
        quality assurance record of the Department from a committee of 
        either House of Congress, any joint committee of Congress, or 
        the Comptroller General of the United States if the record 
        pertains to any matter within their respective 
        jurisdictions.</DELETED>
<DELETED>    ``(f) Prohibition on Disclosure of Information, Record, or 
Testimony.--A person or entity having possession of or access to a 
medical quality assurance record of the Department or testimony 
described in this section may not disclose the contents of the record 
or testimony in any manner or for any purpose except as provided in 
this section.</DELETED>
<DELETED>    ``(g) Exemption From Freedom of Information Act.--A 
medical quality assurance record of the Department shall be exempt from 
disclosure under section 552(b)(3) of title 5, United States Code 
(commonly known as the `Freedom of Information Act').</DELETED>
<DELETED>    ``(h) Limitation on Civil Liability.--A person who 
participates in the review or creation of, or provides information to a 
person or body that reviews or creates, a medical quality assurance 
record of the Department shall not be civilly liable for that 
participation or for providing that information if the participation or 
provision of information was provided in good faith based on prevailing 
professional standards at the time the medical quality assurance 
program activity took place.</DELETED>
<DELETED>    ``(i) Application to Information in Certain Other 
Records.--Nothing in this section shall be construed as limiting access 
to the information in a record created and maintained outside a medical 
quality assurance program, including the medical record of a patient, 
on the grounds that the information was presented during meetings of a 
review body that are part of a medical quality assurance 
program.</DELETED>
<DELETED>    ``(j) Penalty.--Any person who willfully discloses a 
medical quality assurance record of the Department other than as 
provided in this section, knowing that the record is a medical quality 
assurance record of the Department shall be fined not more than $3,000 
in the case of a first offense and not more than $20,000 in the case of 
a subsequent offense.</DELETED>
<DELETED>    ``(k) Relationship to Coast Guard.--The requirements of 
this section shall not apply to any medical quality assurance record of 
the Department that is created by or for the Coast Guard as part of a 
medical quality assurance program.''.</DELETED>

<DELETED>SEC. 204. PORTABILITY OF LICENSURE.</DELETED>

<DELETED>    (a) Transfer.--Section 16005 of the CARES Act (6 U.S.C. 
320 note) is redesignated as section 2306 of the Homeland Security Act 
of 2002 and transferred so as to appear after section 2305, as added by 
section 203 of this Act.</DELETED>
<DELETED>    (b) Repeal.--Section 2306 of the Homeland Security Act of 
2002, as so redesignated by subsection (a), is amended by striking 
subsection (c).</DELETED>

<DELETED>SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>

<DELETED>    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 
is amended--</DELETED>
        <DELETED>    (1) in the table of contents in section 1(b) 
        (Public Law 107-296; 116 Stat. 2135)--</DELETED>
                <DELETED>    (A) by striking the items relating to 
                sections 528 and 529 and inserting the 
                following:</DELETED>

<DELETED>``Sec. 528. Transfer of equipment during a public health 
                            emergency.'';
                <DELETED>    (B) by striking the items relating to 
                sections 710, 711, 712, and 713 and inserting the 
                following:</DELETED>

<DELETED>``Sec. 710. Employee engagement.
<DELETED>``Sec. 711. Annual employee award program.
<DELETED>``Sec. 712. Acquisition professional career program.'';
                <DELETED>    (C) by inserting after the item relating 
                to section 1928 the following:</DELETED>

<DELETED>``Sec. 1929. Accountability.'';
                <DELETED>    (D) by striking the items relating to 
                subtitle C of title XIX and sections 1931 and 1932; 
                and</DELETED>
                <DELETED>    (E) by adding at the end the 
                following:</DELETED>

           <DELETED>``TITLE XXIII--OFFICE OF HEALTH SECURITY

<DELETED>``Sec. 2301. Office of Health Security.
<DELETED>``Sec. 2302. Workforce health and medical support.
<DELETED>``Sec. 2303. Coordination of Department of Homeland Security 
                            efforts related to food, agriculture, and 
                            veterinary defense against terrorism.
<DELETED>``Sec. 2304. Medical countermeasures program.
<DELETED>``Sec. 2305. Confidentiality of medical quality assurance 
                            records.
<DELETED>``Sec. 2306. Portability of licensure.'';
        <DELETED>    (2) by redesignating section 529 (6 U.S.C. 321r) 
        as section 528;</DELETED>
        <DELETED>    (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by 
        striking ``section 711(a)'' and inserting ``section 
        710(a))'';</DELETED>
        <DELETED>    (4) by redesignating sections 711, 712, and 713 as 
        sections 710, 711, and 712, respectively;</DELETED>
        <DELETED>    (5) in section 1923(b)(3) (6 U.S.C. 592(b)(3))--
        </DELETED>
                <DELETED>    (A) in the paragraph heading, by striking 
                ``Hawaiian native-serving'' and inserting ``Native 
                hawaiian-serving''; and</DELETED>
                <DELETED>    (B) by striking ``Hawaiian native-
                serving'' and inserting ```Native Hawaiian-
                serving'';</DELETED>
        <DELETED>    (6) by striking the subtitle heading for subtitle 
        C of title XIX;</DELETED>
        <DELETED>    (7) by striking section 1932 (6 U.S.C. 597a); 
        and</DELETED>
        <DELETED>    (8) in section 2306, as so redesignated by section 
        204 of this Act--</DELETED>
                <DELETED>    (A) by inserting ``portability of 
                licensure.'' after ``2306.''; and</DELETED>
                <DELETED>    (B) in subsection (a), by striking ``(a) 
                Notwithstanding'' and inserting the 
                following:</DELETED>
<DELETED>    ``(a) In General.--Notwithstanding''.</DELETED>

SECTION 1. SHORT TITLE, TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Offices of 
Countering Weapons of Mass Destruction and Health Security Act of 
2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title, table of contents.

         TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

Sec. 101. Countering Weapons of Mass Destruction Office.
Sec. 102. Rule of construction.

                  TITLE II--OFFICE OF HEALTH SECURITY

Sec. 201. Office of Health Security.
Sec. 202. Medical countermeasures program.
Sec. 203. Confidentiality of medical quality assurance records.
Sec. 204. Portability of licensure.
Sec. 205. Technical and conforming amendments.

         TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

SEC. 101. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

    (a) Homeland Security Act of 2002.--Title XIX of the Homeland 
Security Act of 2002 (6 U.S.C. 590 et seq.) is amended--
            (1) in section 1901 (6 U.S.C. 591)--
                    (A) in subsection (c), by amending paragraphs (1) 
                and (2) to read as follows:
            ``(1) matters and strategies pertaining to--
                    ``(A) weapons of mass destruction; and
                    ``(B) chemical, biological, radiological, nuclear, 
                and other related emerging threats; and
            ``(2) coordinating the efforts of the Department to 
        counter--
                    ``(A) weapons of mass destruction; and
                    ``(B) chemical, biological, radiological, nuclear, 
                and other related emerging threats.''; and
                    (B) by striking subsection (e);
            (2) by amending section 1921 (6 U.S.C. 591g) to read as 
        follows:

``SEC. 1921. MISSION OF THE OFFICE.

    ``The Office shall be responsible for--
            ``(1) coordinating the efforts of the Department to 
        counter--
                    ``(A) weapons of mass destruction; and
                    ``(B) chemical, biological, radiological, nuclear, 
                and other related emerging threats; and
            ``(2) enhancing the ability of Federal, State, local, 
        Tribal, and territorial partners to prevent, detect, protect 
        against, and mitigate the impacts of attacks using--
                    ``(A) weapons of mass destruction against the 
                United States; and
                    ``(B) chemical, biological, radiological, nuclear, 
                and other related emerging threats against the United 
                States.'';
            (3) in section 1922 (6 U.S.C. 591h)--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsection (c) as subsection 
                (b);
            (4) in section 1923 (6 U.S.C. 592)--
                    (A) by redesignating subsections (a) and (b) as 
                subsections (b) and (d), respectively;
                    (B) by inserting before subsection (b), as so 
                redesignated, the following:
    ``(a) Office Responsibilities.--
            ``(1) In general.--For the purposes of coordinating the 
        efforts of the Department to counter weapons of mass 
        destruction and chemical, biological, radiological, nuclear, 
        and other related emerging threats, the Office shall--
                    ``(A) provide expertise and guidance to Department 
                leadership and components on chemical, biological, 
                radiological, nuclear, and other related emerging 
                threats, subject to the research, development, testing, 
                and evaluation coordination requirement described in 
                subparagraph (G);
                    ``(B) in coordination with the Office for Strategy, 
                Policy, and Plans, lead development of policies and 
                strategies to counter weapons of mass destruction and 
                chemical, biological, radiological, nuclear, and other 
                related emerging threats on behalf of the Department;
                    ``(C) identify, assess, and prioritize capability 
                gaps relating to the strategic and mission objectives 
                of the Department for weapons of mass destruction and 
                chemical, biological, radiological, nuclear, and other 
                related emerging threats;
                    ``(D) in coordination with the Office of 
                Intelligence and Analysis, support components of the 
                Department, and Federal, State, local, Tribal, and 
                territorial partners, provide intelligence and 
                information analysis and reports on weapons of mass 
                destruction and chemical, biological, radiological, 
                nuclear, and other related emerging threats;
                    ``(E) in consultation with the Science and 
                Technology Directorate, assess risk to the United 
                States from weapons of mass destruction and chemical, 
                biological, radiological, nuclear, and other related 
                emerging threats;
                    ``(F) lead development and prioritization of 
                Department requirements to counter weapons of mass 
                destruction and chemical, biological, radiological, 
                nuclear, and other related emerging threats, subject to 
                the research, development, testing, and evaluation 
                coordination requirement described in subparagraph (G), 
                which requirements shall be--
                            ``(i) developed in coordination with end 
                        users; and
                            ``(ii) reviewed by the Joint Requirements 
                        Council, as directed by the Secretary;
                    ``(G) in coordination with the Science and 
                Technology Directorate, direct, fund, and coordinate 
                capability development activities to counter weapons of 
                mass destruction and all chemical, biological, 
                radiological, nuclear, and other related emerging 
                threats research, development, test, and evaluation 
                matters, including research, development, testing, and 
                evaluation expertise, threat characterization, 
                technology maturation, prototyping, and technology 
                transition;
                    ``(H) acquire, procure, and deploy counter weapons 
                of mass destruction capabilities, and serve as the lead 
                advisor of the Department on component acquisition, 
                procurement, and deployment of counter-weapons of mass 
                destruction capabilities;
                    ``(I) in coordination with the Office of Health 
                Security, support components of the Department, and 
                Federal, State, local, Tribal, and territorial partners 
                on chemical, biological, radiological, nuclear, and 
                other related emerging threats health matters;
                    ``(J) provide expertise on weapons of mass 
                destruction and chemical, biological, radiological, 
                nuclear, and other related emerging threats to 
                Department and Federal partners to support engagements 
                and efforts with international partners subject to the 
                research, development, testing, and evaluation 
                coordination requirement under subparagraph (G); and
                    ``(K) carry out any other duties assigned to the 
                Office by the Secretary.
            ``(2) Detection and reporting.--For purposes of the 
        detection and reporting responsibilities of the Office for 
        weapons of mass destruction and chemical, biological, 
        radiological, nuclear, and other related emerging threats, the 
        Office shall--
                    ``(A) in coordination with end users, including 
                State, local, Tribal, and territorial partners, as 
                appropriate--
                            ``(i) carry out a program to test and 
                        evaluate technology, in consultation with the 
                        Science and Technology Directorate, to detect 
                        and report on weapons of mass destruction and 
                        chemical, biological, radiological, nuclear, 
                        and other related emerging threats weapons or 
                        unauthorized material, in coordination with 
                        other Federal agencies, as appropriate, and 
                        establish performance metrics to evaluate the 
                        effectiveness of individual detectors and 
                        detection systems in detecting those weapons or 
                        material--
                                    ``(I) under realistic operational 
                                and environmental conditions; and
                                    ``(II) against realistic adversary 
                                tactics and countermeasures;
                    ``(B) in coordination with end users, conduct, 
                support, coordinate, and encourage a transformational 
                program of research and development to generate and 
                improve technologies to detect, protect against, and 
                report on the illicit entry, transport, assembly, or 
                potential use within the United States of weapons of 
                mass destruction and chemical, biological, 
                radiological, nuclear, and other related emerging 
                threats weapons or unauthorized material, and 
                coordinate with the Under Secretary for Science and 
                Technology on research and development efforts relevant 
                to the mission of the Office and the Under Secretary 
                for Science and Technology;
                    ``(C) before carrying out operational testing under 
                subparagraph (A), develop a testing and evaluation plan 
                that articulates the requirements for the user and 
                describes how these capability needs will be tested in 
                developmental test and evaluation and operational test 
                and evaluation;
                    ``(D) as appropriate, develop, acquire, and deploy 
                equipment to detect and report on weapons of mass 
                destruction and chemical, biological, radiological, 
                nuclear, and other related emerging threats weapons or 
                unauthorized material in support of Federal, State, 
                local, Tribal, and territorial governments;
                    ``(E) support and enhance the effective sharing and 
                use of appropriate information on weapons of mass 
                destruction and chemical, biological, radiological, 
                nuclear, and other related emerging threats and related 
                emerging issues generated by elements of the 
                intelligence community (as defined in section 3 of the 
                National Security Act of 1947 (50 U.S.C. 3003)), law 
                enforcement agencies, other Federal agencies, State, 
                local, Tribal, and territorial governments, and foreign 
                governments, as well as provide appropriate information 
                to those entities;
                    ``(F) consult, as appropriate, with the Federal 
                Emergency Management Agency and other departmental 
                components, on weapons of mass destruction and 
                chemical, biological, radiological, nuclear, and other 
                related emerging threats and efforts to mitigate, 
                prepare, and respond to all threats in support of the 
                State, local, and Tribal communities; and
                    ``(G) perform other duties as assigned by the 
                Secretary.'';
                    (C) in subsection (b), as so redesignated--
                            (i) in the subsection heading, by striking 
                        ``Mission'' and inserting ``Radiological and 
                        Nuclear Responsibilities'';
                            (ii) in paragraph (1)--
                                    (I) by inserting ``deploy,'' after 
                                ``acquire,''; and
                                    (II) by striking ``deployment'' and 
                                inserting ``operations'';
                            (iii) by striking paragraphs (6) through 
                        (10);
                            (iv) redesignating paragraphs (11) and (12) 
                        as paragraphs (6) and (7), respectively;
                            (v) in paragraph (6)(B), as so 
                        redesignated, by striking ``national strategic 
                        five-year plan referred to in paragraph (10)'' 
                        and inserting ``United States national 
                        technical nuclear forensics strategic 
                        planning'';
                            (vi) in paragraph (7)(C)(v), as so 
                        redesignated--
                                    (I) in the matter preceding 
                                subclause (I), by inserting ``except as 
                                otherwise provided,'' before 
                                ``require''; and
                                    (II) in subclause (II)--
                                            (aa) in the matter 
                                        preceding item (aa), by 
                                        striking ``death or 
                                        disability'' and inserting 
                                        ``death, disability, or a 
                                        finding of good cause as 
                                        determined by the Assistant 
                                        Secretary (including extreme 
                                        hardship, extreme need, or the 
                                        needs of the Office) and for 
                                        which the Assistant Secretary 
                                        may grant a waiver of the 
                                        repayment obligation''; and
                                            (bb) in item (bb), by 
                                        adding ``and'' at the end;
                            (vii) by striking paragraph (13); and
                            (viii) by redesignating paragraph (14) as 
                        paragraph (8); and
                    (D) by inserting after subsection (b), as so 
                redesignated, the following:
    ``(c) Chemical and Biological Responsibilities.--The Office--
            ``(1) shall be responsible for coordinating with other 
        Federal efforts to enhance the ability of Federal, State, 
        local, and Tribal governments to prevent, detect, protect 
        against, and mitigate the impacts of chemical and biological 
        threats against the United States; and
            ``(2) shall--
                    ``(A) serve as a primary entity of the Federal 
                Government to further develop, acquire, deploy, and 
                support the operations of a national biosurveillance 
                system in support of Federal, State, local, Tribal, and 
                territorial governments, and improve that system over 
                time;
                    ``(B) enhance the chemical and biological detection 
                efforts of Federal, State, local, Tribal, and 
                territorial governments and provide guidance, tools, 
                and training to help ensure a managed, coordinated 
                response; and
                    ``(C) collaborate with the Biomedical Advanced 
                Research and Development Authority, the Office of 
                Health Security, the Defense Advanced Research Projects 
                Agency, and the National Aeronautics and Space 
                Administration, and other relevant Federal 
                stakeholders, and receive input from industry, 
                academia, and the national laboratories on chemical and 
                biological surveillance efforts.'';
            (5) in section 1924 (6 U.S.C. 593), by striking ``section 
        11011 of the Strom Thurmond National Defense Authorization Act 
        for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and inserting 
        ``section 4092 of title 10, United States Code, except that the 
        authority shall be limited to facilitate the recruitment of 
        experts in the chemical, biological, radiological, or nuclear 
        specialties.'';
            (6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
                    (A) in clause (i), by striking ``required under 
                section 1036 of the National Defense Authorization Act 
                for Fiscal Year 2010'';
                    (B) in clause (ii), by striking ``and'' at the end;
                    (C) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
                            ``(iv) includes any other information 
                        regarding national technical nuclear forensics 
                        activities carried out under section 1923.'';
            (7) in section 1928 (6 U.S.C. 596b)--
                    (A) in subsection (c)(1), by striking ``from among 
                high-risk urban areas under section 2003'' and 
                inserting ``based on the capability and capacity of the 
                jurisdiction, as well as the relative threat, 
                vulnerability, and consequences from terrorist attacks 
                and other high-consequence events utilizing nuclear or 
                other radiological materials''; and
                    (B) by striking subsection (d) and inserting the 
                following:
    ``(d) Report.--Not later than 2 years after the date of enactment 
of the Offices of Countering Weapons of Mass Destruction and Health 
Security Act of 2022, the Secretary shall submit to the appropriate 
congressional committees an update on the STC program.''; and
            (8) by adding at the end the following:

``SEC. 1929. ACCOUNTABILITY.

    ``(a) Departmentwide Strategy.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of Offices of Countering Weapons of Mass 
        Destruction and Health Security Act of 2022, and every 4 years 
        thereafter, the Secretary shall create a Departmentwide 
        strategy and implementation plan to counter weapons of mass 
        destruction and chemical, biological, radiological, nuclear, 
        and other related emerging threats, which should--
                    ``(A) have clearly identified authorities, 
                specified roles, objectives, benchmarks, 
                accountability, and timelines;
                    ``(B) incorporate the perspectives of non-Federal 
                and private sector partners; and
                    ``(C) articulate how the Department will contribute 
                to relevant national-level strategies and work with 
                other Federal agencies.
            ``(2) Consideration.--The Secretary shall appropriately 
        consider weapons of mass destruction and chemical, biological, 
        radiological, nuclear, and other related emerging threats when 
        creating the strategy and implementation plan required under 
        paragraph (1).
            ``(3) Report.--The Office shall submit to the appropriate 
        congressional committees a report on the updated Departmentwide 
        strategy and implementation plan required under paragraph (1).
    ``(b) Departmentwide Biodefense Review and Strategy.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Offices of Countering Weapons of Mass 
        Destruction and Health Security Act of 2022, the Secretary, in 
        consultation with appropriate stakeholders representing 
        Federal, State, Tribal, territorial, academic, private sector, 
        and nongovernmental entities, shall conduct a Departmentwide 
        review of biodefense activities and strategies.
            ``(2) Review.--The review required under paragraph (1) 
        shall--
                    ``(A) identify with specificity the biodefense 
                lines of effort of the Department, including relating 
                to biodefense roles, responsibilities, and capabilities 
                of components and offices of the Department;
                    ``(B) assess how such components and offices 
                coordinate internally and with public and private 
                partners in the biodefense enterprise;
                    ``(C) identify any policy, resource, capability, or 
                other gaps in the Department's ability to assess, 
                prevent, protect against, and respond to biological 
                threats; and
                    ``(D) identify any organizational changes or 
                reforms necessary for the Department to effectively 
                execute its biodefense mission and role, including with 
                respect to public and private partners in the 
                biodefense enterprise.
            ``(3) Strategy.--Not later than 1 year after completion of 
        the review required under paragraph (1), the Secretary shall 
        issue a biodefense strategy for the Department that--
                    ``(A) is informed by such review and is aligned 
                with section 1086 of the National Defense Authorization 
                Act for Fiscal Year 2017 (6 U.S.C. 104; relating to the 
                development of a national biodefense strategy and 
                associated implementation plan, including a review and 
                assessment of biodefense policies, practices, programs, 
                and initiatives) or any successor strategy; and
                    ``(B) shall--
                            ``(i) describe the biodefense mission and 
                        role of the Department, as well as how such 
                        mission and role relates to the biodefense 
                        lines of effort of the Department;
                            ``(ii) clarify, as necessary, biodefense 
                        roles, responsibilities, and capabilities of 
                        the components and offices of the Department 
                        involved in the biodefense lines of effort of 
                        the Department;
                            ``(iii) establish how biodefense lines of 
                        effort of the Department are to be coordinated 
                        within the Department;
                            ``(iv) establish how the Department engages 
                        with public and private partners in the 
                        biodefense enterprise, including other Federal 
                        agencies, national laboratories and sites, and 
                        State, local, Tribal, and territorial entities, 
                        with specificity regarding the frequency and 
                        nature of such engagement by Department 
                        components and offices with State, local, 
                        Tribal and territorial entities; and
                            ``(v) include information relating to--
                                    ``(I) milestones and performance 
                                metrics that are specific to the 
                                biodefense mission and role of the 
                                Department described in clause (i); and
                                    ``(II) implementation of any 
                                operational changes necessary to carry 
                                out clauses (iii) and (iv).
            ``(4) Periodic update.--Beginning not later than 5 years 
        after the issuance of the biodefense strategy and 
        implementation plans required under paragraph (3), and not less 
        often than once every 5 years thereafter, the Secretary shall 
        review and update, as necessary, such strategy and plans.
            ``(5) Congressional oversight.--Not later than 30 days 
        after the issuance of the biodefense strategy and 
        implementation plans required under paragraph (3), the 
        Secretary shall brief the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives regarding 
        such strategy and plans.
    ``(c) Employee Morale.--Not later than 180 days after the date of 
enactment of the Offices of Countering Weapons of Mass Destruction and 
Health Security Act of 2022, the Office shall submit to and brief the 
appropriate congressional committees on a strategy and plan to 
continuously improve morale within the Office.
    ``(d) Comptroller General.--Not later than 1 year after the date of 
enactment of the Offices of Countering Weapons of Mass Destruction and 
Health Security Act of 2022, the Comptroller General of the United 
States shall conduct a review of and brief the appropriate 
congressional committees on--
            ``(1) the efforts of the Office to prioritize the programs 
        and activities that carry out the mission of the Office, 
        including research and development;
            ``(2) the consistency and effectiveness of stakeholder 
        coordination across the mission of the Department, including 
        operational and support components of the Department and State 
        and local entities; and
            ``(3) the efforts of the Office to manage and coordinate 
        the lifecycle of research and development within the Office and 
        with other components of the Department, including the Science 
        and Technology Directorate.
    ``(e) National Academies of Sciences, Engineering, and Medicine.--
            ``(1) Study.--The Secretary shall enter into an agreement 
        with the National Academies of Sciences, Engineering, and 
        Medicine to conduct a consensus study and report to the 
        Secretary and the appropriate congressional committees on--
                    ``(A) the role of the Department in preparing, 
                detecting, and responding to biological and health 
                security threats to the homeland;
                    ``(B) recommendations to improve departmental 
                biosurveillance efforts against biological threats, 
                including any relevant biological detection methods and 
                technologies; and
                    ``(C) the feasibility of different technological 
                advances for biodetection compared to the cost, risk 
                reduction, and timeliness of those advances.
            ``(2) Briefing.--Not later than 1 year after the date on 
        which the Secretary receives the report required under 
        paragraph (1), the Secretary shall brief the appropriate 
        congressional committees on--
                    ``(A) the implementation of the recommendations 
                included in the report; and
                    ``(B) the status of biological detection at the 
                Department, and, if applicable, timelines for the 
                transition from Biowatch to updated technology.
    ``(f) Advisory Council.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Offices of Countering Weapons of Mass 
        Destruction and Health Security Act of 2022, the Secretary 
        shall establish an advisory body to advise on the ongoing 
        coordination of the efforts of the Department to counter 
        weapons of mass destruction, to be known as the Advisory 
        Council for Countering Weapons of Mass Destruction (in this 
        subsection referred to as the `Advisory Council').
            ``(2) Membership.--The members of the Advisory Council 
        shall--
                    ``(A) be appointed by the Assistant Secretary; and
                    ``(B) to the extent practicable, represent a 
                geographic (including urban and rural) and substantive 
                cross section of officials, from State, local, and 
                Tribal governments, academia, the private sector, 
                national laboratories, and nongovernmental 
                organizations, including, as appropriate--
                            ``(i) members selected from the emergency 
                        management field and emergency response 
                        providers;
                            ``(ii) State, local, and Tribal government 
                        officials;
                            ``(iii) experts in the public and private 
                        sectors with expertise in chemical, biological, 
                        radiological, and nuclear agents and weapons;
                            ``(iv) representatives from the national 
                        laboratories; and
                            ``(v) such other individuals as the 
                        Assistant Secretary determines to be 
                        appropriate.
            ``(3) Responsibilities.-- The Advisory Council shall--
                    ``(A) advise the Assistant Secretary on all aspects 
                of countering weapons of mass destruction;
                    ``(B) incorporate State, local, and Tribal 
                government, national laboratories, and private sector 
                input in the development of the strategy and 
                implementation plan of the Department for countering 
                weapons of mass destruction; and
                    ``(C) establish performance criteria for a national 
                biological detection system and review the testing 
                protocol for biological detection prototypes.
            ``(4) Consultation.--To ensure input from and coordination 
        with State, local, and Tribal governments, the Assistant 
        Secretary shall regularly consult and work with the Advisory 
        Council on the administration of Federal assistance provided by 
        the Department, including with respect to the development of 
        requirements for countering weapons of mass destruction 
        programs, as appropriate.
            ``(5) Voluntary service.--The members of the Advisory 
        Council shall serve on the Advisory Council on a voluntary 
        basis.
            ``(6) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the Advisory Council.''.
    (b) Countering Weapons of Mass Destruction Act of 2018.--Section 2 
of the Countering Weapons of Mass Destruction Act of 2018 (Public Law 
115-387; 132 Stat. 5162) is amended--
            (1) in subsection (b)(2) (6 U.S.C. 591 note), by striking 
        ``1927'' and inserting ``1926''; and
            (2) in subsection (g) (6 U.S.C. 591 note)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``one year after the date of the enactment of 
                this Act, and annually thereafter,'' and inserting 
                ``June 30 of each year,''; and
                    (B) in paragraph (2), by striking ``Security, 
                including research and development activities'' and 
                inserting ``Security''.
    (c) Security and Accountability for Every Port Act of 2006.--The 
Security and Accountability for Every Port Act of 2006 (6 U.S.C. 901 et 
seq.) is amended--
            (1) in section 1(b) (Public Law 109-347; 120 Stat 1884), by 
        striking the item relating to section 502; and
            (2) by striking section 502 (6 U.S.C. 592a).

SEC. 102. RULE OF CONSTRUCTION.

    Nothing in this title or the amendments made by this title shall be 
construed to affect or diminish the authorities or responsibilities of 
the Under Secretary for Science and Technology.

                  TITLE II--OFFICE OF HEALTH SECURITY

SEC. 201. OFFICE OF HEALTH SECURITY.

    (a) Establishment.--The Homeland Security Act of 2002 (6 U.S.C. 101 
et seq.) is amended--
            (1) in section 103 (6 U.S.C. 113)--
                    (A) in subsection (a)(2)--
                            (i) by striking ``the Assistant Secretary 
                        for Health Affairs,''; and
                            (ii) by striking ``Affairs, or'' and 
                        inserting ``Affairs or''; and
                    (B) in subsection (d), by adding at the end the 
                following:
            ``(6) A Chief Medical Officer.'';
            (2) by adding at the end the following:

              ``TITLE XXIII--OFFICE OF HEALTH SECURITY'';

            (3) by redesignating section 1931 (6 U.S.C. 597) as section 
        2301 and transferring such section to appear after the heading 
        for title XXIII, as added by paragraph (2); and
            (4) in section 2301, as so redesignated--
                    (A) in the section heading, by striking ``chief 
                medical officer'' and inserting ``office of health 
                security'';
                    (B) by striking subsections (a) and (b) and 
                inserting the following:
    ``(a) In General.--There is established in the Department an Office 
of Health Security.
    ``(b) Head of Office of Health Security.--The Office of Health 
Security shall be headed by a chief medical officer, who shall--
            ``(1) be the Assistant Secretary for Health Security and 
        the Chief Medical Officer of the Department;
            ``(2) be a licensed physician possessing a demonstrated 
        ability in and knowledge of medicine and public health;
            ``(3) be appointed by the President; and
            ``(4) report directly to the Secretary.'';
                    (C) in subsection (c)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``medical issues related to natural 
                        disasters, acts of terrorism, and other man-
                        made disasters'' and inserting ``oversight of 
                        all medical, public health, and workforce 
                        health and safety matters of the Department'';
                            (ii) in paragraph (1), by striking ``, the 
                        Administrator of the Federal Emergency 
                        Management Agency, the Assistant Secretary, and 
                        other Department officials'' and inserting 
                        ``and all other Department officials'';
                            (iii) in paragraph (4), by striking ``and'' 
                        at the end;
                            (iv) by redesignating paragraph (5) as 
                        paragraph (13); and
                            (v) by inserting after paragraph (4) the 
                        following:
            ``(5) overseeing all medical and public health activities 
        of the Department, including the delivery, advisement, and 
        oversight of direct patient care and the organization, 
        management, and staffing of component operations that deliver 
        direct patient care;
            ``(6) advising the head of each component of the Department 
        that delivers direct patient care regarding the recruitment and 
        appointment of a component chief medical officer and deputy 
        chief medical officer or the employee who functions in the 
        capacity of chief medical officer and deputy chief medical 
        officer;
            ``(7) advising the Secretary and the head of each component 
        of the Department that delivers direct patient care regarding 
        knowledge and skill standards for medical personnel and the 
        assessment of that knowledge and skill;
            ``(8) advising the Secretary and the head of each component 
        of the Department that delivers patient care regarding the 
        collection, storage, and oversight of medical records;
            ``(9) with respect to any psychological health counseling 
        or assistance program of the Department, including such a 
        program of a law enforcement, operational, or support component 
        of the Department, advising the head of each such component 
        with such a program regarding--
                    ``(A) ensuring such program includes safeguards 
                against adverse action, including automatic referrals 
                for a fitness for duty examination, by such component 
                with respect to any employee solely because such 
                employee self-identifies a need for psychological 
                health counseling or assistance or receives such 
                counseling or assistance;
                    ``(B) increasing the availability and number of 
                local psychological health professionals with 
                experience providing psychological support services to 
                personnel;
                    ``(C) establishing a behavioral health curriculum 
                for employees at the beginning of their careers to 
                provide resources early regarding the importance of 
                psychological health;
                    ``(D) establishing periodic management training on 
                crisis intervention and such component's psychological 
                health counseling or assistance program;
                    ``(E) improving any associated existing employee 
                peer support programs, including by making additional 
                training and resources available for peer support 
                personnel in the workplace across such component;
                    ``(F) developing and implementing a voluntary 
                alcohol treatment program that includes a safe harbor 
                for employees who seek treatment;
                    ``(G) including, when appropriate, collaborating 
                and partnering with key employee stakeholders and, for 
                those components with employees with an exclusive 
                representative, the exclusive representative with 
                respect to such a program;
            ``(10) in consultation with the Chief Information Officer 
        of the Department--
                    ``(A) identifying methods and technologies for 
                managing, updating, and overseeing patient records; and
                    ``(B) setting standards for technology used by the 
                components of the Department regarding the collection, 
                storage, and oversight of medical records;
            ``(11) advising the Secretary and the head of each 
        component of the Department that delivers direct patient care 
        regarding contracts for the delivery of direct patient care, 
        other medical services, and medical supplies;
            ``(12) coordinating with the Countering Weapons of Mass 
        Destruction Office and other components of the Department as 
        directed by the Secretary to enhance the ability of Federal, 
        State, local, Tribal, and territorial governments to prevent, 
        detect, protect against, and mitigate the health effects of 
        chemical, biological, radiological, and nuclear issues; and''; 
        and
                    (D) by adding at the end the following:
    ``(d) Assistance and Agreements.--The Secretary, acting through the 
Chief Medical Officer, in support of the medical and public health 
activities of the Department, may--
            ``(1) provide technical assistance, training, and 
        information and distribute funds through grants and cooperative 
        agreements to State, local, Tribal, and territorial governments 
        and nongovernmental organizations;
            ``(2) enter into other transactions;
            ``(3) enter into agreements with other Federal agencies; 
        and
            ``(4) accept services from personnel of components of the 
        Department and other Federal agencies on a reimbursable or 
        nonreimbursable basis.
    ``(e) Office of Health Security Privacy Officer.--There shall be a 
Privacy Officer in the Office of Health Security with primary 
responsibility for privacy policy and compliance within the Office, who 
shall--
            ``(1) report directly to the Chief Medical Officer; and
            ``(2) ensure privacy protections are integrated into all 
        Office of Health Security activities, subject to the review and 
        approval of the Privacy Officer of the Department to the extent 
        consistent with the authority of the Privacy Officer of the 
        Department under section 222.
    ``(f) Accountability.--
            ``(1) Strategy and implementation plan.--Not later than 180 
        days after the date of enactment of this section, and every 4 
        years thereafter, the Secretary shall create a Departmentwide 
        strategy and implementation plan to address health threats.
            ``(2) Briefing.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall brief the 
        appropriate congressional committees on the organizational 
        transformations of the Office of Health Security, including how 
        best practices were used in the creation of the Office of 
        Health Security.'';
            (5) by redesignating section 710 (6 U.S.C. 350) as section 
        2302 and transferring such section to appear after section 
        2301, as so redesignated;
            (6) in section 2302, as so redesignated--
                    (A) in the section heading, by striking ``medical 
                support'' and inserting ``safety'';
                    (B) in subsection (a), by striking ``Under 
                Secretary for Management'' each place that term appears 
                and inserting ``Chief Medical Officer''; and
                    (C) in subsection (b)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Under Secretary for Management, 
                        in coordination with the Chief Medical 
                        Officer,'' and inserting ``Chief Medical 
                        Officer''; and
                            (ii) in paragraph (3), by striking ``as 
                        deemed appropriate by the Under Secretary,'';
            (7) by redesignating section 528 (6 U.S.C. 321q) as section 
        2303 and transferring such section to appear after section 
        2302, as so redesignated; and
            (8) in section 2303(a), as so redesignated, by striking 
        ``Assistant Secretary for the Countering Weapons of Mass 
        Destruction Office'' and inserting ``Chief Medical Officer''.
    (b) Transition and Transfers.--
            (1) Transition.--The individual appointed pursuant to 
        section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
        597) of the Department of Homeland Security, as in effect on 
        the day before the date of enactment of this Act, and serving 
        as the Chief Medical Officer of the Department of Homeland 
        Security on the day before the date of enactment of this Act, 
        shall continue to serve as the Chief Medical Officer of the 
        Department on and after the date of enactment of this Act 
        without the need for reappointment.
            (2) Rule of construction.--The rule of construction 
        described in section 2(hh) of the Presidential Appointment 
        Efficiency and Streamlining Act of 2011 (5 U.S.C. 3132 note) 
        shall not apply to the Chief Medical Officer of the Department 
        of Homeland Security, including the incumbent who holds the 
        position on the day before the date of enactment of this Act, 
        and such officer shall be paid pursuant to section 3132(a)(2) 
        or 5315 of title 5, United States Code.
            (3) Transfer.--The Secretary of Homeland Security shall 
        transfer to the Chief Medical Officer of the Department of 
        Homeland Security--
                    (A) all functions, personnel, budget authority, and 
                assets of the Under Secretary for Management relating 
                to workforce health and safety, as in existence on the 
                day before the date of enactment of this Act;
                    (B) all functions, personnel, budget authority, and 
                assets of the Assistant Secretary for the Countering 
                Weapons of Mass Destruction Office relating to the 
                Chief Medical Officer, including the Medical Operations 
                Directorate of the Countering Weapons of Mass 
                Destruction Office, as in existence on the day before 
                the date of enactment of this Act; and
                    (C) all functions, personnel, budget authority, and 
                assets of the Assistant Secretary for the Countering 
                Weapons of Mass Destruction Office associated with the 
                efforts pertaining to the program coordination 
                activities relating to defending the food, agriculture, 
                and veterinary defenses of the Office, as in existence 
                on the day before the date of enactment of this Act.

SEC. 202. MEDICAL COUNTERMEASURES PROGRAM.

    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
by redesignating section 1932 (6 U.S.C. 597a) as section 2304 and 
transferring such section to appear after section 2303, as so 
redesignated by section 201 of this Act.

SEC. 203. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.

    Title XXIII of the Homeland Security Act of 2002, as added by this 
Act, is amended by adding at the end the following:

``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.

    ``(a) Definitions.--In this section:
            ``(1) Health care provider.--The term `health care 
        provider' means an individual who--
                    ``(A) is--
                            ``(i) an employee of the Department;
                            ``(ii) a detailee to the Department from 
                        another Federal agency;
                            ``(iii) a personal services contractor of 
                        the Department; or
                            ``(iv) hired under a contract for services;
                    ``(B) performs health care services as part of 
                duties of the individual in that capacity; and
                    ``(C) has a current, valid, and unrestricted 
                license or certification--
                            ``(i) that is issued by a State, the 
                        District of Columbia, or a commonwealth, 
                        territory, or possession of the United States; 
                        and
                            ``(ii) that is for the practice of 
                        medicine, osteopathic medicine, dentistry, 
                        nursing, emergency medical services, or another 
                        health profession.
            ``(2) Medical quality assurance program.--The term `medical 
        quality assurance program' means any activity carried out by 
        the Department to assess the quality of medical care, including 
        activities conducted by individuals, committees, or other 
        review bodies responsible for quality assurance, credentials, 
        infection control, incident reporting, the delivery, 
        advisement, and oversight of direct patient care and assessment 
        (including treatment procedures, blood, drugs, and 
        therapeutics), medical records, health resources management 
        review, and identification and prevention of medical, mental 
        health, or dental incidents and risks.
            ``(3) Medical quality assurance record of the department.--
        The term `medical quality assurance record of the Department' 
        means all information, including the proceedings, records 
        (including patient records that the Department creates and 
        maintains as part of a system of records), minutes, and reports 
        that--
                    ``(A) emanate from quality assurance program 
                activities described in paragraph (2); and
                    ``(B) are produced or compiled by the Department as 
                part of a medical quality assurance program.
    ``(b) Confidentiality of Records.--A medical quality assurance 
record of the Department that is created as part of a medical quality 
assurance program--
            ``(1) is confidential and privileged; and
            ``(2) except as provided in subsection (d), may not be 
        disclosed to any person or entity.
    ``(c) Prohibition on Disclosure and Testimony.--Except as otherwise 
provided in this section--
            ``(1) no part of any medical quality assurance record of 
        the Department may be subject to discovery or admitted into 
        evidence in any judicial or administrative proceeding; and
            ``(2) an individual who reviews or creates a medical 
        quality assurance record of the Department or who participates 
        in any proceeding that reviews or creates a medical quality 
        assurance record of the Department may not be permitted or 
        required to testify in any judicial or administrative 
        proceeding with respect to the record or with respect to any 
        finding, recommendation, evaluation, opinion, or action taken 
        by that individual in connection with the record.
    ``(d) Authorized Disclosure and Testimony.--
            ``(1) In general.--Subject to paragraph (2), a medical 
        quality assurance record of the Department may be disclosed, 
        and a person described in subsection (c)(2) may give testimony 
        in connection with the record, only as follows:
                    ``(A) To a Federal agency or private organization, 
                if the medical quality assurance record of the 
                Department or testimony is needed by the Federal agency 
                or private organization to--
                            ``(i) perform licensing or accreditation 
                        functions related to Department health care 
                        facilities, a facility affiliated with the 
                        Department, or any other location authorized by 
                        the Secretary for the performance of health 
                        care services; or
                            ``(ii) perform monitoring, required by law, 
                        of Department health care facilities, a 
                        facility affiliated with the Department, or any 
                        other location authorized by the Secretary for 
                        the performance of health care services.
                    ``(B) To an administrative or judicial proceeding 
                concerning an adverse action related to the 
                credentialing of or health care provided by a present 
                or former health care provider by the Department.
                    ``(C) To a governmental board or agency or to a 
                professional health care society or organization, if 
                the medical quality assurance record of the Department 
                or testimony is needed by the board, agency, society, 
                or organization to perform licensing, credentialing, or 
                the monitoring of professional standards with respect 
                to any health care provider who is or was a health care 
                provider for the Department.
                    ``(D) To a hospital, medical center, or other 
                institution that provides health care services, if the 
                medical quality assurance record of the Department or 
                testimony is needed by the institution to assess the 
                professional qualifications of any health care provider 
                who is or was a health care provider for the Department 
                and who has applied for or been granted authority or 
                employment to provide health care services in or on 
                behalf of the institution.
                    ``(E) To an employee, a detailee, or a contractor 
                of the Department who has a need for the medical 
                quality assurance record of the Department or testimony 
                to perform official duties or duties within the scope 
                of their contract.
                    ``(F) To a criminal or civil law enforcement agency 
                or instrumentality charged under applicable law with 
                the protection of the public health or safety, if a 
                qualified representative of the agency or 
                instrumentality makes a written request that the 
                medical quality assurance record of the Department or 
                testimony be provided for a purpose authorized by law.
                    ``(G) In an administrative or judicial proceeding 
                commenced by a criminal or civil law enforcement agency 
                or instrumentality described in subparagraph (F), but 
                only with respect to the subject of the proceeding.
            ``(2) Personally identifiable information.--
                    ``(A) In general.--With the exception of the 
                subject of a quality assurance action, personally 
                identifiable information of any person receiving health 
                care services from the Department or of any other 
                person associated with the Department for purposes of a 
                medical quality assurance program that is disclosed in 
                a medical quality assurance record of the Department 
                shall be deleted from that record before any disclosure 
                of the record is made outside the Department.
                    ``(B) Application.--The requirement under 
                subparagraph (A) shall not apply to the release of 
                information that is permissible under section 552a of 
                title 5, United States Code (commonly known as the 
                `Privacy Act of 1974').
    ``(e) Disclosure for Certain Purposes.--Nothing in this section 
shall be construed--
            ``(1) to authorize or require the withholding from any 
        person or entity aggregate statistical information regarding 
        the results of medical quality assurance programs; or
            ``(2) to authorize the withholding of any medical quality 
        assurance record of the Department from a committee of either 
        House of Congress, any joint committee of Congress, or the 
        Comptroller General of the United States if the record pertains 
        to any matter within their respective jurisdictions.
    ``(f) Prohibition on Disclosure of Information, Record, or 
Testimony.--A person or entity having possession of or access to a 
medical quality assurance record of the Department or testimony 
described in this section may not disclose the contents of the record 
or testimony in any manner or for any purpose except as provided in 
this section.
    ``(g) Exemption From Freedom of Information Act.--A medical quality 
assurance record of the Department shall be exempt from disclosure 
under section 552(b)(3) of title 5, United States Code (commonly known 
as the `Freedom of Information Act').
    ``(h) Limitation on Civil Liability.--A person who participates in 
the review or creation of, or provides information to a person or body 
that reviews or creates, a medical quality assurance record of the 
Department shall not be civilly liable for that participation or for 
providing that information if the participation or provision of 
information was provided in good faith based on prevailing professional 
standards at the time the medical quality assurance program activity 
took place.
    ``(i) Application to Information in Certain Other Records.--Nothing 
in this section shall be construed as limiting access to the 
information in a record created and maintained outside a medical 
quality assurance program, including the medical record of a patient, 
on the grounds that the information was presented during meetings of a 
review body that are part of a medical quality assurance program.
    ``(j) Penalty.--Any person who willfully discloses a medical 
quality assurance record of the Department other than as provided in 
this section, knowing that the record is a medical quality assurance 
record of the Department shall be fined not more than $3,000 in the 
case of a first offense and not more than $20,000 in the case of a 
subsequent offense.
    ``(k) Relationship to Coast Guard.--The requirements of this 
section shall not apply to any medical quality assurance record of the 
Department that is created by or for the Coast Guard as part of a 
medical quality assurance program.''.

SEC. 204. PORTABILITY OF LICENSURE.

    (a) Transfer.--Section 16005 of the CARES Act (6 U.S.C. 320 note) 
is redesignated as section 2306 of the Homeland Security Act of 2002 
and transferred so as to appear after section 2305, as added by section 
203 of this Act.
    (b) Repeal.--Section 2306 of the Homeland Security Act of 2002, as 
so redesignated by subsection (a), is amended by striking subsection 
(c).

SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.

    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
amended--
            (1) in the table of contents in section 1(b) (Public Law 
        107-296; 116 Stat. 2135)--
                    (A) by striking the items relating to sections 528 
                and 529 and inserting the following:

``Sec. 528. Transfer of equipment during a public health emergency.'';
                    (B) by striking the items relating to sections 710, 
                711, 712, and 713 and inserting the following:

``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
``Sec. 712. Acquisition professional career program.'';
                    (C) by inserting after the item relating to section 
                1928 the following:

``Sec. 1929. Accountability.'';
                    (D) by striking the items relating to subtitle C of 
                title XIX and sections 1931 and 1932; and
                    (E) by adding at the end the following:

                ``TITLE XXIII--OFFICE OF HEALTH SECURITY

``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts 
                            related to food, agriculture, and 
                            veterinary defense against terrorism.
``Sec. 2304. Medical countermeasures program.
``Sec. 2305. Confidentiality of medical quality assurance records.
``Sec. 2306. Portability of licensure.'';
            (2) by redesignating section 529 (6 U.S.C. 321r) as section 
        528;
            (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking 
        ``section 711(a)'' and inserting ``section 710(a))'';
            (4) by redesignating sections 711, 712, and 713 as sections 
        710, 711, and 712, respectively;
            (5) in section 1923(b)(3) (6 U.S.C. 592(b)(3))--
                    (A) in the paragraph heading, by striking 
                ``Hawaiian native-serving'' and inserting ``Native 
                hawaiian-serving''; and
                    (B) by striking ``Hawaiian native-serving'' and 
                inserting ```Native Hawaiian-serving'';
            (6) by striking the subtitle heading for subtitle C of 
        title XIX;
            (7) by striking section 1932 (6 U.S.C. 597a); and
            (8) in section 2306, as so redesignated by section 204 of 
        this Act--
                    (A) by inserting ``portability of licensure.'' 
                after ``2306.''; and
                    (B) in subsection (a), by striking ``(a) 
                Notwithstanding'' and inserting the following:
    ``(a) In General.--Notwithstanding''.
                                                       Calendar No. 675

117th CONGRESS

  2d Session

                                S. 4465

                          [Report No. 117-276]

_______________________________________________________________________

                                 A BILL

  To establish a Countering Weapons of Mass Destruction Office and an 
 Office of Health Security in the Department of Homeland Security, and 
                          for other purposes.

_______________________________________________________________________

                           December 19, 2022

                       Reported with an amendment