[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1798 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1798
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 1, 2023
Mr. Peters (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
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,
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
2023''.
(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. Confidentiality of medical quality assurance records.
Sec. 203. 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 striking paragraphs (1)
and (2) and inserting the following:
``(1) matters and strategies pertaining to--
``(A) weapons of mass destruction; and
``(B) non-medical aspects of chemical, biological,
radiological, nuclear, and other related emerging
threats;
``(2) coordinating the efforts of the Department to
counter--
``(A) weapons of mass destruction; and
``(B) non-medical aspects of chemical, biological,
radiological, nuclear, and other related emerging
threats; and
``(3) enhancing the ability of Federal, State, local, and
Tribal partners to prevent, detect, protect against, and
mitigate the impacts of terrorist attacks in the United States
to counter--
``(A) weapons of mass destruction; and
``(B) non-medical aspects of use of unauthorized
chemical, biological, radiological, and nuclear
materials, devices, or agents 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 and with
other Federal departments and agencies 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, and
Tribal partners to prevent, detect, protect against, and
mitigate the impacts of attacks using--
``(A) weapons of mass destruction against the
United States; and
``(B) unauthorized chemical, biological,
radiological, nuclear materials, devices, or agents 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 non-medical aspects of
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, and Tribal
partners by providing 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 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 capabilities to
counter weapons of mass destruction and chemical,
biological, radiological, nuclear, and other related
emerging threats, 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, and Tribal partners on chemical,
biological, radiological, nuclear, and other related
emerging threats health matters;
``(J) provide expertise on weapons of mass
destruction and non-medical aspects of chemical,
biological, radiological, nuclear, and other related
emerging threats to Departmental 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, and Tribal 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, 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 of mass destruction or chemical,
biological, radiological, nuclear, or other
related emerging threats--
``(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, 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 in support
of Federal, State, local, and Tribal 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 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, and Tribal governments, and
foreign governments, as well as provide appropriate
information to those entities;
``(F) consult, as appropriate, with relevant
Departmental components and offices, the Department of
Health and Human Services, and other Federal partners,
on weapons of mass destruction and non-medical aspects
of 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), as so redesignated--
(I) by striking subparagraph (B);
(II) by striking ``activities--''
and all that follows through ``to
ensure'' and inserting ``activities to
ensure''; and
(III) by striking ``attacks; and''
and inserting ``attacks;''
(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, mitigate, and
protect against the importation, possession, storage,
transportation, development, or use of unauthorized chemical
and biological materials, devices, or agents against the United
States; and
``(2) shall--
``(A) serve as a primary entity responsible for the
efforts of the Department to develop, acquire, deploy,
and support the operations of a national biological
detection system and improve that system over time;
``(B) enhance the chemical and biological detection
efforts of Federal, State, local, and Tribal
governments and provide guidance, tools, and training
to help ensure a managed, coordinated response; and
``(C) collaborate with the Department of Health and
Human Services, the Office of Health Security of the
Department, 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 (a), by striking ``high-risk
urban areas'' and inserting ``jurisdictions designated
under subsection (c)'';
(B) 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
(C) 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 2023, 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 2023, 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 2023, the Secretary, in
consultation with appropriate stakeholders representing
Federal, State, local, Tribal, 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, and Tribal entities, with
specificity regarding the frequency and nature
of such engagement by Department components and
offices with State, local, and Tribal 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 2023, 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 2023, 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 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 2023, 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 and chemical, biological,
radiological, nuclear, and other related emerging threats, 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 materials, devices,
or agents;
``(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 and chemical,
biological, radiological, nuclear, and other related
emerging threats;
``(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 chemical, biological,
radiological, nuclear, and other related emerging
threats; and
``(C) provide advice on 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 of Office 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 Act or the amendments made by this Act may be
construed as modifying any existing authority under any provision of
law not expressly amended by this Act.
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);
(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 ``medical
activities of the Department and all workforce-
focused health and safety activities 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 activities of the Department,
including the delivery, advisement, and support 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) in coordination with the Chief Privacy Officer of the
Department and the Chief Information Officer of the Department,
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) prioritizing, as appropriate, expertise in
the provision of psychological health counseling and
assistance for certain populations of the workforce,
such as employees serving in positions within law
enforcement, to help improve outcomes for those
employees receiving that counseling or assistance; and
``(H) 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, Federal agencies including the
Department of Agriculture, the Department of Health and Human
Services, the Department of State, and the Department of
Transportation, State, local, and Tribal governments, and the
medical community; 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 activities of the
Department, may--
``(1) provide technical assistance, training, and
information to State, local, and Tribal governments and
nongovernmental organizations;
``(2) enter into agreements with other Federal agencies;
and
``(3) 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 Chief Privacy Officer of the Department to the
extent consistent with the authority of the Chief 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 medical activities
of, and the workforce health and safety matters under the
purview of, the Department.
``(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;
(8) in section 2303, as so redesignated--
(A) in subsection (a), by striking ``Assistant
Secretary for the Countering Weapons of Mass
Destruction Office'' and inserting ``Chief Medical
Officer''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking
``Homeland Security Presidential Directive 9-
Defense of the United States Agriculture and
Food'' and inserting ``National Security
Memorandum 16--Strengthening the Security and
Resilience of the United States Food and
Agriculture''; and
(ii) in paragraph (6), by inserting ``the
Department of Agriculture and other'' before
``appropriate'';
(9) by redesignating section 1932 (6 U.S.C. 597a) as
section 2304 and transferring such section to appear after
section 2303, as so redesignated;
(10) in section 2304(f)(2)(B), as so redesignated, by
striking ``Office of the Assistant Secretary for Preparedness
and Response'' and inserting ``Administration for Strategic
Preparedness and Response''; and
(11) by inserting after section 2304, as so redesignated,
the following:
``SEC. 2305. RULES OF CONSTRUCTION.
``Nothing in this title shall be construed to--
``(1) override or otherwise affect the requirements
described in section 888;
``(2) require the advice of the Chief Medical Officer on
the appointment of Coast Guard officers or the officer from the
Public Health Service of the Department of Health and Human
Services assigned to the Coast Guard;
``(3) provide the Chief Medical Officer with authority to
take any action that would diminish the interoperability of the
Coast Guard medical system with the medical systems of the
other branches of the Armed Forces of the United States; or
``(4) affect or diminish the authority of the Secretary of
Health and Human Services or to grant to the Chief Medical
Officer any authority that is vested in, or delegated to, the
Secretary of Health and Human Services.''.
(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) 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. 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. 2306. 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 on or
after the date of enactment of this section 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
support 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 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 such record or with respect to any
finding, recommendation, evaluation, opinion, or action taken
by such individual in connection with such 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 such 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
such 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 such
medical quality assurance record of the Department or
testimony is needed by such 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 such 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 such
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 de-identified aggregate statistical
information regarding the results of medical quality assurance
programs, under de-identification standards developed by the
Secretary in consultation with the Secretary of Health and
Human Services, as appropriate, that is released in a manner in
accordance with all other applicable legal requirements; 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.
``(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 under this section for that
participation or for providing that information if the participation or
provision of information was--
``(1) provided in good faith based on prevailing
professional standards at the time the medical quality
assurance program activity took place; and
``(2) made in accordance with any other applicable legal
requirement, including Federal privacy laws and regulations.
``(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.
``(l) Continued Protection.--Disclosure under subsection (d) does
not permit redisclosure except to the extent the further disclosure is
authorized under subsection (d) or is otherwise authorized to be
disclosed under this section.
``(m) Relationship to Other Law.--This section shall continue in
force and effect, except as otherwise specifically provided in any
Federal law enacted after the date of enactment of this Act.
``(n) Rule of Construction.--Nothing in this section shall be
construed to supersede the requirements of--
``(1) the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191; 110 Stat. 1936) and its
implementing regulations;
``(2) the Health Information Technology for Economic and
Clinical Health Act(42 U.S.C. 17931 et seq.) and its
implementing regulations; or
``(3) sections 921 through 926 of the Public Health Service
Act (42 U.S.C. 299b-21 through 299b-26) and their implementing
regulations.''.
SEC. 203. 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.
``Sec. 2305. Rules of construction.
``Sec. 2306. Confidentiality of medical quality assurance records.'';
(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(d)(3) (6 U.S.C. 592(d)(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''; and
(6) by striking the subtitle heading for subtitle C of
title XIX.
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