[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.
                                 <all>