[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1798 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 268
118th CONGRESS
  1st Session
                                S. 1798

                          [Report No. 118-124]

  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

                           December 11, 2023

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

_______________________________________________________________________

                                 A BILL


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

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

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

<DELETED>    (a) Short Title.--This Act may be cited as the ``Offices 
of Countering Weapons of Mass Destruction and Health Security Act of 
2023''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

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

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

<DELETED>Sec. 201. Office of Health Security.
<DELETED>Sec. 202. Confidentiality of medical quality assurance 
                            records.
<DELETED>Sec. 203. Technical and conforming amendments.

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

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

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

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

<DELETED>    ``The Office shall be responsible for--</DELETED>
        <DELETED>    ``(1) coordinating the efforts of the Department 
        and with other Federal departments and agencies to counter--
        </DELETED>
                <DELETED>    ``(A) weapons of mass destruction; 
                and</DELETED>
                <DELETED>    ``(B) chemical, biological, radiological, 
                nuclear, and other related emerging threats; 
                and</DELETED>
        <DELETED>    ``(2) enhancing the ability of Federal, State, 
        local, and Tribal partners to prevent, detect, protect against, 
        and mitigate the impacts of attacks using--</DELETED>
                <DELETED>    ``(A) weapons of mass destruction against 
                the United States; and</DELETED>
                <DELETED>    ``(B) unauthorized chemical, biological, 
                radiological, nuclear materials, devices, or agents and 
                other related emerging threats against the United 
                States.'';</DELETED>
        <DELETED>    (3) in section 1922 (6 U.S.C. 591h)--</DELETED>
                <DELETED>    (A) by striking subsection (b); 
                and</DELETED>
                <DELETED>    (B) by redesignating subsection (c) as 
                subsection (b);</DELETED>
        <DELETED>    (4) in section 1923 (6 U.S.C. 592)--</DELETED>
                <DELETED>    (A) by redesignating subsections (a) and 
                (b) as subsections (b) and (d), respectively;</DELETED>
                <DELETED>    (B) by inserting before subsection (b), as 
                so redesignated, the following:</DELETED>
<DELETED>    ``(a) Office Responsibilities.--</DELETED>
        <DELETED>    ``(1) In general.--For the purposes of 
        coordinating the efforts of the Department to counter weapons 
        of mass destruction and chemical, biological, radiological, 
        nuclear, and other related emerging threats, the Office shall--
        </DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(B) in coordination with the Office for 
                Strategy, Policy, and Plans, lead development of 
                policies and strategies to counter weapons of mass 
                destruction and chemical, biological, radiological, 
                nuclear, and other related emerging threats on behalf 
                of the Department;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) in consultation with the Science and 
                Technology Directorate, assess risk to the United 
                States from weapons of mass destruction and chemical, 
                biological, radiological, nuclear, and other related 
                emerging threats;</DELETED>
                <DELETED>    ``(F) lead development and prioritization 
                of Department requirements to counter weapons of mass 
                destruction and chemical, biological, radiological, 
                nuclear, and other related emerging threats, subject to 
                the research, development, testing, and evaluation 
                coordination requirement described in subparagraph (G), 
                which requirements shall be--</DELETED>
                        <DELETED>    ``(i) developed in coordination 
                        with end users; and</DELETED>
                        <DELETED>    ``(ii) reviewed by the Joint 
                        Requirements Council, as directed by the 
                        Secretary;</DELETED>
                <DELETED>    ``(G) in coordination with the Science and 
                Technology Directorate, direct, fund, and coordinate 
                capability development activities to counter weapons of 
                mass destruction and 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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(K) carry out any other duties assigned 
                to the Office by the Secretary.</DELETED>
        <DELETED>    ``(2) Detection and reporting.--For purposes of 
        the 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--</DELETED>
                <DELETED>    ``(A) in coordination with end users, 
                including State, local, and Tribal partners, as 
                appropriate--</DELETED>
                        <DELETED>    ``(i) carry out a program to test 
                        and evaluate technology, in consultation with 
                        the Science and Technology Directorate, to 
                        detect and report on 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--</DELETED>
                                <DELETED>    ``(I) under realistic 
                                operational and environmental 
                                conditions; and</DELETED>
                                <DELETED>    ``(II) against realistic 
                                adversary tactics and 
                                countermeasures;</DELETED>
                <DELETED>    ``(B) in coordination with end users, 
                conduct, support, coordinate, and encourage a 
                transformational program of research and development to 
                generate and improve technologies to detect, protect 
                against, and report on the illicit entry, transport, 
                assembly, or potential use within the United States of 
                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;</DELETED>
                <DELETED>    ``(C) before carrying out operational 
                testing under subparagraph (A), develop a testing and 
                evaluation plan that articulates the requirements for 
                the user and describes how these capability needs will 
                be tested in developmental test and evaluation and 
                operational test and evaluation;</DELETED>
                <DELETED>    ``(D) 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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(G) perform other duties as assigned by 
                the Secretary.'';</DELETED>
                <DELETED>    (C) in subsection (b), as so 
                redesignated--</DELETED>
                        <DELETED>    (i) in the subsection heading, by 
                        striking ``Mission'' and inserting 
                        ``Radiological and Nuclear 
                        Responsibilities'';</DELETED>
                        <DELETED>    (ii) in paragraph (1)--</DELETED>
                                <DELETED>    (I) by inserting 
                                ``deploy,'' after ``acquire,''; 
                                and</DELETED>
                                <DELETED>    (II) by striking 
                                ``deployment'' and inserting 
                                ``operations'';</DELETED>
                        <DELETED>    (iii) by striking paragraphs (6) 
                        through (10);</DELETED>
                        <DELETED>    (iv) redesignating paragraphs (11) 
                        and (12) as paragraphs (6) and (7), 
                        respectively;</DELETED>
                        <DELETED>    (v) in paragraph (6), as so 
                        redesignated--</DELETED>
                                <DELETED>    (I) by striking 
                                subparagraph (B);</DELETED>
                                <DELETED>    (II) by striking 
                                ``activities--'' and all that follows 
                                through ``to ensure'' and inserting 
                                ``activities to ensure''; and</DELETED>
                                <DELETED>    (III) by striking 
                                ``attacks; and'' and inserting 
                                ``attacks;''</DELETED>
                        <DELETED>    (vi) in paragraph (7)(C)(v), as so 
                        redesignated--</DELETED>
                                <DELETED>    (I) in the matter 
                                preceding subclause (I), by inserting 
                                ``except as otherwise provided,'' 
                                before ``require''; and</DELETED>
                                <DELETED>    (II) in subclause (II)--
                                </DELETED>
                                        <DELETED>    (aa) in the matter 
                                        preceding item (aa), by 
                                        striking ``death or 
                                        disability'' and inserting 
                                        ``death, disability, or a 
                                        finding of good cause as 
                                        determined by the Assistant 
                                        Secretary (including extreme 
                                        hardship, extreme need, or the 
                                        needs of the Office) and for 
                                        which the Assistant Secretary 
                                        may grant a waiver of the 
                                        repayment obligation''; 
                                        and</DELETED>
                                        <DELETED>    (bb) in item (bb), 
                                        by adding ``and'' at the 
                                        end;</DELETED>
                        <DELETED>    (vii) by striking paragraph (13); 
                        and</DELETED>
                        <DELETED>    (viii) by redesignating paragraph 
                        (14) as paragraph (8); and</DELETED>
                <DELETED>    (D) by inserting after subsection (b), as 
                so redesignated, the following:</DELETED>
<DELETED>    ``(c) Chemical and Biological Responsibilities.--The 
Office--</DELETED>
        <DELETED>    ``(1) shall be responsible for coordinating with 
        other Federal efforts to enhance the ability of Federal, State, 
        local, and Tribal governments to prevent, detect, 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</DELETED>
        <DELETED>    ``(2) shall--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (5) in section 1924 (6 U.S.C. 593), by striking 
        ``section 11011 of the Strom Thurmond National Defense 
        Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' 
        and inserting ``section 4092 of title 10, United States Code, 
        except that the authority shall be limited to facilitate the 
        recruitment of experts in the chemical, biological, 
        radiological, or nuclear specialties.'';</DELETED>
        <DELETED>    (6) in section 1927(a)(1)(C) (6 U.S.C. 
        596a(a)(1)(C))--</DELETED>
                <DELETED>    (A) in clause (i), by striking ``required 
                under section 1036 of the National Defense 
                Authorization Act for Fiscal Year 2010'';</DELETED>
                <DELETED>    (B) in clause (ii), by striking ``and'' at 
                the end;</DELETED>
                <DELETED>    (C) in clause (iii), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(iv) includes any other 
                        information regarding national technical 
                        nuclear forensics activities carried out under 
                        section 1923.'';</DELETED>
        <DELETED>    (7) in section 1928 (6 U.S.C. 596b)--</DELETED>
                <DELETED>    (A) in subsection (a), by striking ``high-
                risk urban areas'' and inserting ``jurisdictions 
                designated under subsection (c)'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) by striking subsection (d) and 
                inserting the following:</DELETED>
<DELETED>    ``(d) Report.--Not later than 2 years after the date of 
enactment of the Offices of Countering Weapons of Mass Destruction and 
Health Security Act of 2023, the Secretary shall submit to the 
appropriate congressional committees an update on the STC program.''; 
and</DELETED>
        <DELETED>    (8) by adding at the end the following:</DELETED>

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

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

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

<DELETED>    Nothing in this 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.</DELETED>

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

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

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

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

        <DELETED>    (3) by redesignating section 1931 (6 U.S.C. 597) 
        as section 2301 and transferring such section to appear after 
        the heading for title XXIII, as added by paragraph 
        (2);</DELETED>
        <DELETED>    (4) in section 2301, as so redesignated--
        </DELETED>
                <DELETED>    (A) in the section heading, by striking 
                ``chief medical officer'' and inserting ``office of 
                health security'';</DELETED>
                <DELETED>    (B) by striking subsections (a) and (b) 
                and inserting the following:</DELETED>
<DELETED>    ``(a) In General.--There is established in the Department 
an Office of Health Security.</DELETED>
<DELETED>    ``(b) Head of Office of Health Security.--The Office of 
Health Security shall be headed by a chief medical officer, who shall--
</DELETED>
        <DELETED>    ``(1) be the Assistant Secretary for Health 
        Security and the Chief Medical Officer of the 
        Department;</DELETED>
        <DELETED>    ``(2) be a licensed physician possessing a 
        demonstrated ability in and knowledge of medicine and public 
        health;</DELETED>
        <DELETED>    ``(3) be appointed by the President; and</DELETED>
        <DELETED>    ``(4) report directly to the 
        Secretary.'';</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1), by striking ``medical issues 
                        related to natural disasters, acts of 
                        terrorism, and other man-made disasters'' and 
                        inserting ``medical activities of the 
                        Department and all workforce-focused health and 
                        safety activities of the 
                        Department'';</DELETED>
                        <DELETED>    (ii) in paragraph (1), by striking 
                        ``, the Administrator of the Federal Emergency 
                        Management Agency, the Assistant Secretary, and 
                        other Department officials'' and inserting 
                        ``and all other Department 
                        officials'';</DELETED>
                        <DELETED>    (iii) in paragraph (4), by 
                        striking ``and'' at the end;</DELETED>
                        <DELETED>    (iv) by redesignating paragraph 
                        (5) as paragraph (13); and</DELETED>
                        <DELETED>    (v) by inserting after paragraph 
                        (4) the following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(6) advising the head of each component of the 
        Department that delivers direct patient care regarding the 
        recruitment and appointment of a component chief medical 
        officer and deputy chief medical officer or the employee who 
        functions in the capacity of chief medical officer and deputy 
        chief medical officer;</DELETED>
        <DELETED>    ``(7) advising the Secretary and the head of each 
        component of the Department that delivers direct patient care 
        regarding knowledge and skill standards for medical personnel 
        and the assessment of that knowledge and skill;</DELETED>
        <DELETED>    ``(8) 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;</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) increasing the availability and 
                number of local psychological health professionals with 
                experience providing psychological support services to 
                personnel;</DELETED>
                <DELETED>    ``(C) establishing a behavioral health 
                curriculum for employees at the beginning of their 
                careers to provide resources early regarding the 
                importance of psychological health;</DELETED>
                <DELETED>    ``(D) establishing periodic management 
                training on crisis intervention and such component's 
                psychological health counseling or assistance 
                program;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(F) developing and implementing a 
                voluntary alcohol treatment program that includes a 
                safe harbor for employees who seek treatment;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(10) in consultation with the Chief Information 
        Officer of the Department--</DELETED>
                <DELETED>    ``(A) identifying methods and technologies 
                for managing, updating, and overseeing patient records; 
                and</DELETED>
                <DELETED>    ``(B) setting standards for technology 
                used by the components of the Department regarding the 
                collection, storage, and oversight of medical 
                records;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(d) Assistance and Agreements.--The Secretary, acting 
through the Chief Medical Officer, in support of the medical activities 
of the Department, may--</DELETED>
        <DELETED>    ``(1) provide technical assistance, training, and 
        information to State, local, and Tribal governments and 
        nongovernmental organizations;</DELETED>
        <DELETED>    ``(2) enter into agreements with other Federal 
        agencies; and</DELETED>
        <DELETED>    ``(3) accept services from personnel of components 
        of the Department and other Federal agencies on a reimbursable 
        or nonreimbursable basis.</DELETED>
<DELETED>    ``(e) Office of Health Security Privacy Officer.--There 
shall be a Privacy Officer in the Office of Health Security with 
primary responsibility for privacy policy and compliance within the 
Office, who shall--</DELETED>
        <DELETED>    ``(1) report directly to the Chief Medical 
        Officer; and</DELETED>
        <DELETED>    ``(2) ensure privacy protections are integrated 
        into all Office of Health Security activities, subject to the 
        review and approval of the Chief Privacy Officer of the 
        Department to the extent consistent with the authority of the 
        Chief Privacy Officer of the Department under section 
        222.</DELETED>
<DELETED>    ``(f) Accountability.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (5) by redesignating section 710 (6 U.S.C. 350) as 
        section 2302 and transferring such section to appear after 
        section 2301, as so redesignated;</DELETED>
        <DELETED>    (6) in section 2302, as so redesignated--
        </DELETED>
                <DELETED>    (A) in the section heading, by striking 
                ``medical support'' and inserting ``safety'';</DELETED>
                <DELETED>    (B) in subsection (a), by striking ``Under 
                Secretary for Management'' each place that term appears 
                and inserting ``Chief Medical Officer''; and</DELETED>
                <DELETED>    (C) in subsection (b)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1), by striking ``Under Secretary 
                        for Management, in coordination with the Chief 
                        Medical Officer,'' and inserting ``Chief 
                        Medical Officer''; and</DELETED>
                        <DELETED>    (ii) in paragraph (3), by striking 
                        ``as deemed appropriate by the Under 
                        Secretary,'';</DELETED>
        <DELETED>    (7) by redesignating section 528 (6 U.S.C. 321q) 
        as section 2303 and transferring such section to appear after 
        section 2302, as so redesignated;</DELETED>
        <DELETED>    (8) in section 2303, as so redesignated--
        </DELETED>
                <DELETED>    (A) in subsection (a), by striking 
                ``Assistant Secretary for the Countering Weapons of 
                Mass Destruction Office'' and inserting ``Chief Medical 
                Officer''; and</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) in paragraph (6), by 
                        inserting ``the Department of Agriculture and 
                        other'' before ``appropriate'';</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (11) by inserting after section 2304, as so 
        redesignated, the following:</DELETED>

<DELETED>``SEC. 2305. RULES OF CONSTRUCTION.</DELETED>

<DELETED>    ``Nothing in this title shall be construed to--</DELETED>
        <DELETED>    ``(1) override or otherwise affect the 
        requirements described in section 888;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Transition and Transfers.--</DELETED>
        <DELETED>    (1) Transition.--The individual appointed pursuant 
        to section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
        597) of the Department of Homeland Security, as in effect on 
        the day before the date of enactment of this Act, and serving 
        as the Chief Medical Officer of the Department of Homeland 
        Security on the day before the date of enactment of this Act, 
        shall continue to serve as the Chief Medical Officer of the 
        Department on and after the date of enactment of this Act 
        without the need for reappointment.</DELETED>
        <DELETED>    (2) Transfer.--The Secretary of Homeland Security 
        shall transfer to the Chief Medical Officer of the Department 
        of Homeland Security--</DELETED>
                <DELETED>    (A) all functions, personnel, budget 
                authority, and assets of the Under Secretary for 
                Management relating to workforce health and safety, as 
                in existence on the day before the date of enactment of 
                this Act;</DELETED>
                <DELETED>    (B) all functions, personnel, budget 
                authority, and assets of the Assistant Secretary for 
                the Countering Weapons of Mass Destruction Office 
                relating to the Chief Medical Officer, including the 
                Medical Operations Directorate of the Countering 
                Weapons of Mass Destruction Office, as in existence on 
                the day before the date of enactment of this Act; 
                and</DELETED>
                <DELETED>    (C) all functions, personnel, budget 
                authority, and assets of the Assistant Secretary for 
                the Countering Weapons of Mass Destruction Office 
                associated with the efforts pertaining to the program 
                coordination activities relating to defending the food, 
                agriculture, and veterinary defenses of the Office, as 
                in existence on the day before the date of enactment of 
                this Act.</DELETED>

<DELETED>SEC. 202. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
              RECORDS.</DELETED>

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

<DELETED>``SEC. 2306. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
              RECORDS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Health care provider.--The term `health care 
        provider' means an individual who--</DELETED>
                <DELETED>    ``(A) is--</DELETED>
                        <DELETED>    ``(i) an employee of the 
                        Department;</DELETED>
                        <DELETED>    ``(ii) a detailee to the 
                        Department from another Federal 
                        agency;</DELETED>
                        <DELETED>    ``(iii) a personal services 
                        contractor of the Department; or</DELETED>
                        <DELETED>    ``(iv) hired under a contract for 
                        services;</DELETED>
                <DELETED>    ``(B) performs health care services as 
                part of duties of the individual in that capacity; 
                and</DELETED>
                <DELETED>    ``(C) has a current, valid, and 
                unrestricted license or certification--</DELETED>
                        <DELETED>    ``(i) that is issued by a State, 
                        the District of Columbia, or a commonwealth, 
                        territory, or possession of the United States; 
                        and</DELETED>
                        <DELETED>    ``(ii) that is for the practice of 
                        medicine, osteopathic medicine, dentistry, 
                        nursing, emergency medical services, or another 
                        health profession.</DELETED>
        <DELETED>    ``(2) Medical quality assurance program.--The term 
        `medical quality assurance program' means any activity carried 
        out 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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) emanate from quality assurance 
                program activities described in paragraph (2); 
                and</DELETED>
                <DELETED>    ``(B) are produced or compiled by the 
                Department as part of a medical quality assurance 
                program.</DELETED>
<DELETED>    ``(b) Confidentiality of Records.--A medical quality 
assurance record of the Department that is created as part of a medical 
quality assurance program--</DELETED>
        <DELETED>    ``(1) is confidential and privileged; 
        and</DELETED>
        <DELETED>    ``(2) except as provided in subsection (d), may 
        not be disclosed to any person or entity.</DELETED>
<DELETED>    ``(c) Prohibition on Disclosure and Testimony.--Except as 
otherwise provided in this section--</DELETED>
        <DELETED>    ``(1) no part of any medical quality assurance 
        record of the Department may be subject to discovery or 
        admitted into evidence in any judicial or administrative 
        proceeding; and</DELETED>
        <DELETED>    ``(2) an individual who reviews or creates a 
        medical quality assurance record of the Department or who 
        participates in any proceeding that reviews or creates a 
        medical quality assurance record of the Department may not be 
        permitted or required to testify in any judicial or 
        administrative proceeding with respect to such record or with 
        respect to any finding, recommendation, evaluation, opinion, or 
        action taken by such individual in connection with such 
        record.</DELETED>
<DELETED>    ``(d) Authorized Disclosure and Testimony.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), a 
        medical quality assurance record of the Department may be 
        disclosed, and a person described in subsection (c)(2) may give 
        testimony in connection with the record, only as 
        follows:</DELETED>
                <DELETED>    ``(A) To a Federal agency or private 
                organization, if such medical quality assurance record 
                of the Department or testimony is needed by the Federal 
                agency or private organization to--</DELETED>
                        <DELETED>    ``(i) perform licensing or 
                        accreditation functions related to Department 
                        health care facilities, a facility affiliated 
                        with the Department, or any other location 
                        authorized by the Secretary for the performance 
                        of health care services; or</DELETED>
                        <DELETED>    ``(ii) perform monitoring, 
                        required by law, of Department health care 
                        facilities, a facility affiliated with the 
                        Department, or any other location authorized by 
                        the Secretary for the performance of health 
                        care services.</DELETED>
                <DELETED>    ``(B) To an administrative or judicial 
                proceeding concerning an adverse action related to the 
                credentialing of or health care provided by a present 
                or former health care provider by the 
                Department.</DELETED>
                <DELETED>    ``(C) To a governmental board or agency or 
                to a professional health care society or organization, 
                if 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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(F) To a criminal or civil law 
                enforcement agency or instrumentality charged under 
                applicable law with the protection of the public health 
                or safety, if a qualified representative of the agency 
                or instrumentality makes a written request that such 
                medical quality assurance record of the Department or 
                testimony be provided for a purpose authorized by 
                law.</DELETED>
                <DELETED>    ``(G) In an administrative or judicial 
                proceeding commenced by a criminal or civil law 
                enforcement agency or instrumentality described in 
                subparagraph (F), but only with respect to the subject 
                of the proceeding.</DELETED>
        <DELETED>    ``(2) Personally identifiable information.--
        </DELETED>
                <DELETED>    ``(A) In general.--With the exception of 
                the subject of a quality assurance action, personally 
                identifiable information of any person receiving health 
                care services from the Department or of any other 
                person associated with the Department for purposes of a 
                medical quality assurance program that is disclosed in 
                a medical quality assurance record of the Department 
                shall be deleted from that record before any disclosure 
                of the record is made outside the Department.</DELETED>
                <DELETED>    ``(B) Application.--The requirement under 
                subparagraph (A) shall not apply to the release of 
                information that is permissible under section 552a of 
                title 5, United States Code (commonly known as the 
                `Privacy Act of 1974').</DELETED>
<DELETED>    ``(e) Disclosure for Certain Purposes.--Nothing in this 
section shall be construed--</DELETED>
        <DELETED>    ``(1) to authorize or require the withholding from 
        any person or entity 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</DELETED>
        <DELETED>    ``(2) to authorize the withholding of any medical 
        quality assurance record of the Department from a committee of 
        either House of Congress, any joint committee of Congress, or 
        the Comptroller General of the United States if the record 
        pertains to any matter within their respective 
        jurisdictions.</DELETED>
<DELETED>    ``(f) Prohibition on Disclosure of Information, Record, or 
Testimony.--A person or entity having possession of or access to a 
medical quality assurance record of the Department or testimony 
described in this section may not disclose the contents of the record 
or testimony in any manner or for any purpose except as provided in 
this section.</DELETED>
<DELETED>    ``(g) Exemption From Freedom of Information Act.--A 
medical quality assurance record of the Department shall be exempt from 
disclosure under section 552(b)(3) of title 5, United States 
Code.</DELETED>
<DELETED>    ``(h) Limitation on Civil Liability.--A person who 
participates in the review or creation of, or provides information to a 
person or body that reviews or creates, a medical quality assurance 
record of the Department shall not be civilly liable under this section 
for that participation or for providing that information if the 
participation or provision of information was--</DELETED>
        <DELETED>    ``(1) provided in good faith based on prevailing 
        professional standards at the time the medical quality 
        assurance program activity took place; and</DELETED>
        <DELETED>    ``(2) made in accordance with any other applicable 
        legal requirement, including Federal privacy laws and 
        regulations.</DELETED>
<DELETED>    ``(i) Application to Information in Certain Other 
Records.--Nothing in this section shall be construed as limiting access 
to the information in a record created and maintained outside a medical 
quality assurance program, including the medical record of a patient, 
on the grounds that the information was presented during meetings of a 
review body that are part of a medical quality assurance 
program.</DELETED>
<DELETED>    ``(j) Penalty.--Any person who willfully discloses a 
medical quality assurance record of the Department other than as 
provided in this section, knowing that the record is a medical quality 
assurance record of the Department shall be fined not more than $3,000 
in the case of a first offense and not more than $20,000 in the case of 
a subsequent offense.</DELETED>
<DELETED>    ``(k) Relationship to Coast Guard.--The requirements of 
this section shall not apply to any medical quality assurance record of 
the Department that is created by or for the Coast Guard as part of a 
medical quality assurance program.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(n) Rule of Construction.--Nothing in this section shall 
be construed to supersede the requirements of--</DELETED>
        <DELETED>    ``(1) the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1936) 
        and its implementing regulations;</DELETED>
        <DELETED>    ``(2) the Health Information Technology for 
        Economic and Clinical Health Act(42 U.S.C. 17931 et seq.) and 
        its implementing regulations; or</DELETED>
        <DELETED>    ``(3) sections 921 through 926 of the Public 
        Health Service Act (42 U.S.C. 299b-21 through 299b-26) and 
        their implementing regulations.''.</DELETED>

<DELETED>SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>

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

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

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

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

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

<DELETED>``Sec. 2301. Office of Health Security.
<DELETED>``Sec. 2302. Workforce health and safety.
<DELETED>``Sec. 2303. Coordination of Department of Homeland Security 
                            efforts related to food, agriculture, and 
                            veterinary defense against terrorism.
<DELETED>``Sec. 2304. Medical countermeasures.
<DELETED>``Sec. 2305. Rules of construction.
<DELETED>``Sec. 2306. Confidentiality of medical quality assurance 
                            records.'';
        <DELETED>    (2) by redesignating section 529 (6 U.S.C. 321r) 
        as section 528;</DELETED>
        <DELETED>    (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by 
        striking ``section 711(a)'' and inserting ``section 
        710(a))'';</DELETED>
        <DELETED>    (4) by redesignating sections 711, 712, and 713 as 
        sections 710, 711, and 712, respectively;</DELETED>
        <DELETED>    (5) in section 1923(d)(3) (6 U.S.C. 592(d)(3))--
        </DELETED>
                <DELETED>    (A) in the paragraph heading, by striking 
                ``Hawaiian native-serving'' and inserting ``Native 
                hawaiian-serving''; and</DELETED>
                <DELETED>    (B) by striking ``Hawaiian native-
                serving'' and inserting ```Native Hawaiian-serving''; 
                and</DELETED>
        <DELETED>    (6) by striking the subtitle heading for subtitle 
        C of title XIX.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Offices of 
Countering Weapons of Mass Destruction and Health Security Act of 
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; or
                    ``(B) unauthorized chemical, biological, 
                radiological, nuclear materials, devices, or agents or 
                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 of 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, 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 ``operation'';
                            (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, 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 inserting after section 1928 (6 U.S.C. 596b) 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 biodefense 
                lines of effort 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;
                    ``(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; and
                    ``(E) assess the risk of high-risk gain-of-function 
                research to the homeland security of the United States 
                and identify the gaps in the response of the Department 
                to that risk.
            ``(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 Office, 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, or 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.--Chapter 10 of title 5, United States Code, 
        shall not apply to the Advisory Council.
            ``(7) Qualifications.--Each member of the Advisory Council 
        shall--
                    ``(A) be impartial in any advice provided to the 
                Advisory Council; and
                    ``(B) not seek to advance any political position or 
                predetermined conclusion as a member of 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 (Public Law 109-
347; 120 Stat 1884) is amended--
            (1) in section 1(b), by striking the item relating to 
        section 502; and
            (2) by striking section 502 (6 U.S.C. 592a).

SEC. 102. RULE OF CONSTRUCTION.

    Nothing in this title or the amendments made by this title may be 
construed as modifying any existing authority under any provision of 
law not expressly amended by this title.

                  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 employees who function 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 actions by such component with respect 
                to any employee solely because the employee identifies 
                a need for psychological health counseling or 
                assistance or receives such assistance;
                    ``(B) ensuring such program includes safeguards 
                regarding automatic referrals for employment-related 
                examinations or inquires that are based solely on an 
                employee who self identifies a need for psychological 
                health counseling or assistance or receives such 
                counseling or assistance, except that such safeguards 
                shall not prevent a component referral to evaluate the 
                ability of an employee to meet established medical or 
                psychological standards by such component or to 
                evaluate the national security eligibility of the 
                employee;
                    ``(C) increasing the availability and number of 
                local psychological health professionals with 
                experience providing psychological support services to 
                personnel;
                    ``(D) establishing a behavioral health curriculum 
                for employees at the beginning of their careers to 
                provide resources early regarding the importance of 
                psychological health;
                    ``(E) establishing periodic management training on 
                crisis intervention and such component's psychological 
                health counseling or assistance program;
                    ``(F) 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;
                    ``(G) developing and implementing a voluntary 
                alcohol treatment program that includes a safe harbor 
                for employees who seek treatment;
                    ``(H) 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
                    ``(I) 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--
                    ``(A) the Countering Weapons of Mass Destruction 
                Office;
                    ``(B) other components of the Department as 
                directed by the Secretary;
                    ``(C) Federal agencies, including the Department of 
                Agriculture, the Department of Health and Human 
                Services, the Department of State, and the Department 
                of Transportation;
                    ``(D) State, local, and Tribal governments; and
                    ``(E) 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 subsection, 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 subsection, 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 
                        with the Department;
                    ``(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; 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, or 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 employment or 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, Records, 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) part 1 of subtitle D of title XIII of 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 subsection (d)(3) of section 1923(d)(3) (6 
        U.S.C. 592), as so redesignated--
                    (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.
                                                       Calendar No. 268

118th CONGRESS

  1st Session

                                S. 1798

                          [Report No. 118-124]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 11, 2023

                       Reported with an amendment