[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5872-S5877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6347. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities
[[Page S5873]]
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--OFFICES OF COUNTERING WEAPONS OF MASS DESTRUCTION AND
HEALTH SECURITY
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Offices of Countering Weapons of Mass Destruction and
Health Security Act of 2022''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 5001. Short title, table of contents.
TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Sec. 5101. Countering Weapons of Mass Destruction Office.
Sec. 5102. Rule of construction.
TITLE II--OFFICE OF HEALTH SECURITY
Sec. 5201. Office of Health Security.
Sec. 5202. Medical countermeasures program.
Sec. 5203. Confidentiality of medical quality assurance records.
Sec. 5204. Portability of licensure.
Sec. 5205. Technical and conforming amendments.
TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
SEC. 5101. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) Homeland Security Act of 2002.--Title XIX of the
Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is
amended--
(1) in section 1901 (6 U.S.C. 591)--
(A) in subsection (c), by amending paragraphs (1) and (2)
to read as follows:
``(1) matters and strategies pertaining to--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear, and
other related emerging threats; and
``(2) coordinating the efforts of the Department to
counter--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear, and
other related emerging threats.''; and
(B) by striking subsection (e);
(2) by amending section 1921 (6 U.S.C. 591g) to read as
follows:
``SEC. 1921. MISSION OF THE OFFICE.
``The Office shall be responsible for--
``(1) coordinating the efforts of the Department to
counter--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear, and
other related emerging threats; and
``(2) enhancing the ability of Federal, State, local,
Tribal, and territorial partners to prevent, detect, protect
against, and mitigate the impacts of attacks using--
``(A) weapons of mass destruction against the United
States; and
``(B) chemical, biological, radiological, nuclear, and
other related emerging threats against the United States.'';
(3) in section 1922 (6 U.S.C. 591h)--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(4) in section 1923 (6 U.S.C. 592)--
(A) by redesignating subsections (a) and (b) as subsections
(b) and (d), respectively;
(B) by inserting before subsection (b), as so redesignated,
the following:
``(a) Office Responsibilities.--
``(1) In general.--For the purposes of coordinating the
efforts of the Department to counter weapons of mass
destruction and chemical, biological, radiological, nuclear,
and other related emerging threats, the Office shall--
``(A) provide expertise and guidance to Department
leadership and components on chemical, biological,
radiological, nuclear, and other related emerging threats,
subject to the research, development, testing, and evaluation
coordination requirement described in subparagraph (G);
``(B) in coordination with the Office for Strategy, Policy,
and Plans, lead development of policies and strategies to
counter weapons of mass destruction and chemical, biological,
radiological, nuclear, and other related emerging threats on
behalf of the Department;
``(C) identify, assess, and prioritize capability gaps
relating to the strategic and mission objectives of the
Department for weapons of mass destruction and chemical,
biological, radiological, nuclear, and other related emerging
threats;
``(D) in coordination with the Office of Intelligence and
Analysis, support components of the Department, and Federal,
State, local, Tribal, and territorial partners, provide
intelligence and information analysis and reports on weapons
of mass destruction and chemical, biological, radiological,
nuclear, and other related emerging threats;
``(E) in consultation with the Science and Technology
Directorate, assess risk to the United States from weapons of
mass destruction and chemical, biological, radiological,
nuclear, and other related emerging threats;
``(F) lead development and prioritization of Department
requirements to counter weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats, subject to the research,
development, testing, and evaluation coordination requirement
described in subparagraph (G), which requirements shall be--
``(i) developed in coordination with end users; and
``(ii) reviewed by the Joint Requirements Council, as
directed by the Secretary;
``(G) in coordination with the Science and Technology
Directorate, direct, fund, and coordinate capability
development activities to counter weapons of mass destruction
and all chemical, biological, radiological, nuclear, and
other related emerging threats research, development, test,
and evaluation matters, including research, development,
testing, and evaluation expertise, threat characterization,
technology maturation, prototyping, and technology
transition;
``(H) acquire, procure, and deploy counter weapons of mass
destruction capabilities, and serve as the lead advisor of
the Department on component acquisition, procurement, and
deployment of counter-weapons of mass destruction
capabilities;
``(I) in coordination with the Office of Health Security,
support components of the Department, and Federal, State,
local, Tribal, and territorial partners on chemical,
biological, radiological, nuclear, and other related emerging
threats health matters;
``(J) provide expertise on weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats to Department and Federal partners
to support engagements and efforts with international
partners subject to the research, development, testing, and
evaluation coordination requirement under subparagraph (G);
and
``(K) carry out any other duties assigned to the Office by
the Secretary.
``(2) Detection and reporting.--For purposes of the
detection and reporting responsibilities of the Office for
weapons of mass destruction and chemical, biological,
radiological, nuclear, and other related emerging threats,
the Office shall--
``(A) in coordination with end users, including State,
local, Tribal, and territorial partners, as appropriate--
``(i) carry out a program to test and evaluate technology,
in consultation with the Science and Technology Directorate,
to detect and report on weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats weapons or unauthorized material, in
coordination with other Federal agencies, as appropriate, and
establish performance metrics to evaluate the effectiveness
of individual detectors and detection systems in detecting
those weapons or material--
``(I) under realistic operational and environmental
conditions; and
``(II) against realistic adversary tactics and
countermeasures;
``(B) in coordination with end users, conduct, support,
coordinate, and encourage a transformational program of
research and development to generate and improve technologies
to detect, protect against, and report on the illicit entry,
transport, assembly, or potential use within the United
States of weapons of mass destruction and chemical,
biological, radiological, nuclear, and other related emerging
threats weapons or unauthorized material, and coordinate with
the Under Secretary for Science and Technology on research
and development efforts relevant to the mission of the Office
and the Under Secretary for Science and Technology;
``(C) before carrying out operational testing under
subparagraph (A), develop a testing and evaluation plan that
articulates the requirements for the user and describes how
these capability needs will be tested in developmental test
and evaluation and operational test and evaluation;
``(D) as appropriate, develop, acquire, and deploy
equipment to detect and report on weapons of mass destruction
and chemical, biological, radiological, nuclear, and other
related emerging threats weapons or unauthorized material in
support of Federal, State, local, Tribal, and territorial
governments;
``(E) support and enhance the effective sharing and use of
appropriate information on weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats and related emerging issues
generated by elements of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), law enforcement agencies, other Federal
agencies, State, local, Tribal, and territorial governments,
and foreign governments, as well as provide appropriate
information to those entities;
``(F) consult, as appropriate, with the Federal Emergency
Management Agency and other departmental components, on
weapons of mass destruction and chemical, biological,
radiological, nuclear, and other related emerging threats and
efforts to mitigate, prepare, and respond to all threats in
support of the State, local, and Tribal communities; and
``(G) perform other duties as assigned by the Secretary.'';
(C) in subsection (b), as so redesignated--
(i) in the subsection heading, by striking ``Mission'' and
inserting ``Radiological and Nuclear Responsibilities'';
(ii) in paragraph (1)--
(I) by inserting ``deploy,'' after ``acquire,''; and
(II) by striking ``deployment'' and inserting
``operations'';
(iii) by striking paragraphs (6) through (10);
[[Page S5874]]
(iv) redesignating paragraphs (11) and (12) as paragraphs
(6) and (7), respectively;
(v) in paragraph (6)(B), as so redesignated, by striking
``national strategic five-year plan referred to in paragraph
(10)'' and inserting ``United States national technical
nuclear forensics strategic planning'';
(vi) in paragraph (7)(C)(v), as so redesignated--
(I) in the matter preceding subclause (I), by inserting
``except as otherwise provided,'' before ``require''; and
(II) in subclause (II)--
(aa) in the matter preceding item (aa), by striking ``death
or disability'' and inserting ``death, disability, or a
finding of good cause as determined by the Assistant
Secretary (including extreme hardship, extreme need, or the
needs of the Office) and for which the Assistant Secretary
may grant a waiver of the repayment obligation''; and
(bb) in item (bb), by adding ``and'' at the end;
(vii) by striking paragraph (13); and
(viii) by redesignating paragraph (14) as paragraph (8);
and
(D) by inserting after subsection (b), as so redesignated,
the following:
``(c) Chemical and Biological Responsibilities.--The
Office--
``(1) shall be responsible for coordinating with other
Federal efforts to enhance the ability of Federal, State,
local, and Tribal governments to prevent, detect, protect
against, and mitigate the impacts of chemical and biological
threats against the United States; and
``(2) shall--
``(A) serve as a primary entity of the Federal Government
to further develop, acquire, deploy, and support the
operations of a national biosurveillance system in support of
Federal, State, local, Tribal, and territorial governments,
and improve that system over time;
``(B) enhance the chemical and biological detection efforts
of Federal, State, local, Tribal, and territorial governments
and provide guidance, tools, and training to help ensure a
managed, coordinated response; and
``(C) collaborate with the Biomedical Advanced Research and
Development Authority, the Office of Health Security, the
Defense Advanced Research Projects Agency, and the National
Aeronautics and Space Administration, and other relevant
Federal stakeholders, and receive input from industry,
academia, and the national laboratories on chemical and
biological surveillance efforts.'';
(5) in section 1924 (6 U.S.C. 593), by striking ``section
11011 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and
inserting ``section 4092 of title 10, United States Code,
except that the authority shall be limited to facilitate the
recruitment of experts in the chemical, biological,
radiological, or nuclear specialties.'';
(6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
(A) in clause (i), by striking ``required under section
1036 of the National Defense Authorization Act for Fiscal
Year 2010'';
(B) in clause (ii), by striking ``and'' at the end;
(C) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(iv) includes any other information regarding national
technical nuclear forensics activities carried out under
section 1923.'';
(7) in section 1928 (6 U.S.C. 596b)--
(A) in subsection (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 2022, the Secretary
shall submit to the appropriate congressional committees an
update on the STC program.''; and
(8) by adding at the end the following:
``SEC. 1929. ACCOUNTABILITY.
``(a) Departmentwide Strategy.--
``(1) In general.--Not later than 180 days after the date
of enactment of Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, and every 4
years thereafter, the Secretary shall create a Departmentwide
strategy and implementation plan to counter weapons of mass
destruction and chemical, biological, radiological, nuclear,
and other related emerging threats, which should--
``(A) have clearly identified authorities, specified roles,
objectives, benchmarks, accountability, and timelines;
``(B) incorporate the perspectives of non-Federal and
private sector partners; and
``(C) articulate how the Department will contribute to
relevant national-level strategies and work with other
Federal agencies.
``(2) Consideration.--The Secretary shall appropriately
consider weapons of mass destruction and chemical,
biological, radiological, nuclear, and other related emerging
threats when creating the strategy and implementation plan
required under paragraph (1).
``(3) Report.--The Office shall submit to the appropriate
congressional committees a report on the updated
Departmentwide strategy and implementation plan required
under paragraph (1).
``(b) Departmentwide Biodefense Review and Strategy.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, the Secretary,
in consultation with appropriate stakeholders representing
Federal, State, Tribal, territorial, academic, private
sector, and nongovernmental entities, shall conduct a
Departmentwide review of biodefense activities and
strategies.
``(2) Review.--The review required under paragraph (1)
shall--
``(A) identify with specificity the biodefense lines of
effort of the Department, including relating to biodefense
roles, responsibilities, and capabilities of components and
offices of the Department;
``(B) assess how such components and offices coordinate
internally and with public and private partners in the
biodefense enterprise;
``(C) identify any policy, resource, capability, or other
gaps in the Department's ability to assess, prevent, protect
against, and respond to biological threats; and
``(D) identify any organizational changes or reforms
necessary for the Department to effectively execute its
biodefense mission and role, including with respect to public
and private partners in the biodefense enterprise.
``(3) Strategy.--Not later than 1 year after completion of
the review required under paragraph (1), the Secretary shall
issue a biodefense strategy for the Department that--
``(A) is informed by such review and is aligned with
section 1086 of the National Defense Authorization Act for
Fiscal Year 2017 (6 U.S.C. 104; relating to the development
of a national biodefense strategy and associated
implementation plan, including a review and assessment of
biodefense policies, practices, programs, and initiatives) or
any successor strategy; and
``(B) shall--
``(i) describe the biodefense mission and role of the
Department, as well as how such mission and role relates to
the biodefense lines of effort of the Department;
``(ii) clarify, as necessary, biodefense roles,
responsibilities, and capabilities of the components and
offices of the Department involved in the biodefense lines of
effort of the Department;
``(iii) establish how biodefense lines of effort of the
Department are to be coordinated within the Department;
``(iv) establish how the Department engages with public and
private partners in the biodefense enterprise, including
other Federal agencies, national laboratories and sites, and
State, local, Tribal, and territorial entities, with
specificity regarding the frequency and nature of such
engagement by Department components and offices with State,
local, Tribal and territorial entities; and
``(v) include information relating to--
``(I) milestones and performance metrics that are specific
to the biodefense mission and role of the Department
described in clause (i); and
``(II) implementation of any operational changes necessary
to carry out clauses (iii) and (iv).
``(4) Periodic update.--Beginning not later than 5 years
after the issuance of the biodefense strategy and
implementation plans required under paragraph (3), and not
less often than once every 5 years thereafter, the Secretary
shall review and update, as necessary, such strategy and
plans.
``(5) Congressional oversight.--Not later than 30 days
after the issuance of the biodefense strategy and
implementation plans required under paragraph (3), the
Secretary shall brief the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives regarding
such strategy and plans.
``(c) Employee Morale.--Not later than 180 days after the
date of enactment of the Offices of Countering Weapons of
Mass Destruction and Health Security Act of 2022, the Office
shall submit to and brief the appropriate congressional
committees on a strategy and plan to continuously improve
morale within the Office.
``(d) Comptroller General.--Not later than 1 year after the
date of enactment of the Offices of Countering Weapons of
Mass Destruction and Health Security Act of 2022, the
Comptroller General of the United States shall conduct a
review of and brief the appropriate congressional committees
on--
``(1) the efforts of the Office to prioritize the programs
and activities that carry out the mission of the Office,
including research and development;
``(2) the consistency and effectiveness of stakeholder
coordination across the mission of the Department, including
operational and support components of the Department and
State and local entities; and
``(3) the efforts of the Office to manage and coordinate
the lifecycle of research and development within the Office
and with other components of the Department, including the
Science and Technology Directorate.
``(e) National Academies of Sciences, Engineering, and
Medicine.--
``(1) Study.--The Secretary shall enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine
[[Page S5875]]
to conduct a consensus study and report to the Secretary and
the appropriate congressional committees on--
``(A) the role of the Department in preparing, detecting,
and responding to biological and health security threats to
the homeland;
``(B) recommendations to improve departmental
biosurveillance efforts against biological threats, including
any relevant biological detection methods and technologies;
and
``(C) the feasibility of different technological advances
for biodetection compared to the cost, risk reduction, and
timeliness of those advances.
``(2) Briefing.--Not later than 1 year after the date on
which the Secretary receives the report required under
paragraph (1), the Secretary shall brief the appropriate
congressional committees on--
``(A) the implementation of the recommendations included in
the report; and
``(B) the status of biological detection at the Department,
and, if applicable, timelines for the transition from
Biowatch to updated technology.
``(f) Advisory Council.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Offices of Countering Weapons of
Mass Destruction and Health Security Act of 2022, the
Secretary shall establish an advisory body to advise on the
ongoing coordination of the efforts of the Department to
counter weapons of mass destruction, to be known as the
Advisory Council for Countering Weapons of Mass Destruction
(in this subsection referred to as the `Advisory Council').
``(2) Membership.--The members of the Advisory Council
shall--
``(A) be appointed by the Assistant Secretary; and
``(B) to the extent practicable, represent a geographic
(including urban and rural) and substantive cross section of
officials, from State, local, and Tribal governments,
academia, the private sector, national laboratories, and
nongovernmental organizations, including, as appropriate--
``(i) members selected from the emergency management field
and emergency response providers;
``(ii) State, local, and Tribal government officials;
``(iii) experts in the public and private sectors with
expertise in chemical, biological, radiological, and nuclear
agents and weapons;
``(iv) representatives from the national laboratories; and
``(v) such other individuals as the Assistant Secretary
determines to be appropriate.
``(3) Responsibilities.-- The Advisory Council shall--
``(A) advise the Assistant Secretary on all aspects of
countering weapons of mass destruction;
``(B) incorporate State, local, and Tribal government,
national laboratories, and private sector input in the
development of the strategy and implementation plan of the
Department for countering weapons of mass destruction; and
``(C) establish performance criteria for a national
biological detection system and review the testing protocol
for biological detection prototypes.
``(4) Consultation.--To ensure input from and coordination
with State, local, and Tribal governments, the Assistant
Secretary shall regularly consult and work with the Advisory
Council on the administration of Federal assistance provided
by the Department, including with respect to the development
of requirements for countering weapons of mass destruction
programs, as appropriate.
``(5) Voluntary service.--The members of the Advisory
Council shall serve on the Advisory Council on a voluntary
basis.
``(6) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Council.''.
(b) Countering Weapons of Mass Destruction Act of 2018.--
Section 2 of the Countering Weapons of Mass Destruction Act
of 2018 (Public Law 115-387; 132 Stat. 5162) is amended--
(1) in subsection (b)(2) (6 U.S.C. 591 note), by striking
``1927'' and inserting ``1926''; and
(2) in subsection (g) (6 U.S.C. 591 note)--
(A) in the matter preceding paragraph (1), by striking
``one year after the date of the enactment of this Act, and
annually thereafter,'' and inserting ``June 30 of each
year,''; and
(B) in paragraph (2), by striking ``Security, including
research and development activities'' and inserting
``Security''.
(c) Security and Accountability for Every Port Act of
2006.--The Security and Accountability for Every Port Act of
2006 (6 U.S.C. 901 et seq.) is amended--
(1) in section 1(b) (Public Law 109-347; 120 Stat 1884), by
striking the item relating to section 502; and
(2) by striking section 502 (6 U.S.C. 592a).
SEC. 5102. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title
shall be construed to affect or diminish the authorities or
responsibilities of the Under Secretary for Science and
Technology.
TITLE II--OFFICE OF HEALTH SECURITY
SEC. 5201. OFFICE OF HEALTH SECURITY.
(a) Establishment.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) in section 103 (6 U.S.C. 113)--
(A) in subsection (a)(2)--
(i) by striking ``the Assistant Secretary for Health
Affairs,''; and
(ii) by striking ``Affairs, or'' and inserting ``Affairs
or''; and
(B) in subsection (d), by adding at the end the following:
``(6) A Chief Medical Officer.'';
(2) by adding at the end the following:
``TITLE XXIII--OFFICE OF HEALTH SECURITY'';
(3) by redesignating section 1931 (6 U.S.C. 597) as section
2301 and transferring such section to appear after the
heading for title XXIII, as added by paragraph (2); and
(4) in section 2301, as so redesignated--
(A) in the section heading, by striking ``chief medical
officer'' and inserting ``office of health security'';
(B) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--There is established in the Department
an Office of Health Security.
``(b) Head of Office of Health Security.--The Office of
Health Security shall be headed by a chief medical officer,
who shall--
``(1) be the Assistant Secretary for Health Security and
the Chief Medical Officer of the Department;
``(2) be a licensed physician possessing a demonstrated
ability in and knowledge of medicine and public health;
``(3) be appointed by the President; and
``(4) report directly to the Secretary.'';
(C) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``medical issues related to natural disasters, acts of
terrorism, and other man-made disasters'' and inserting
``oversight of all medical, public health, and workforce
health and safety matters of the Department'';
(ii) in paragraph (1), by striking ``, the Administrator of
the Federal Emergency Management Agency, the Assistant
Secretary, and other Department officials'' and inserting
``and all other Department officials'';
(iii) in paragraph (4), by striking ``and'' at the end;
(iv) by redesignating paragraph (5) as paragraph (13); and
(v) by inserting after paragraph (4) the following:
``(5) overseeing all medical and public health activities
of the Department, including the delivery, advisement, and
oversight of direct patient care and the organization,
management, and staffing of component operations that deliver
direct patient care;
``(6) advising the head of each component of the Department
that delivers direct patient care regarding the recruitment
and appointment of a component chief medical officer and
deputy chief medical officer or the employee who functions in
the capacity of chief medical officer and deputy chief
medical officer;
``(7) advising the Secretary and the head of each component
of the Department that delivers direct patient care regarding
knowledge and skill standards for medical personnel and the
assessment of that knowledge and skill;
``(8) advising the Secretary and the head of each component
of the Department that delivers patient care regarding the
collection, storage, and oversight of medical records;
``(9) with respect to any psychological health counseling
or assistance program of the Department, including such a
program of a law enforcement, operational, or support
component of the Department, advising the head of each such
component with such a program regarding--
``(A) ensuring such program includes safeguards against
adverse action, including automatic referrals for a fitness
for duty examination, by such component with respect to any
employee solely because such employee self-identifies a need
for psychological health counseling or assistance or receives
such counseling or assistance;
``(B) increasing the availability and number of local
psychological health professionals with experience providing
psychological support services to personnel;
``(C) establishing a behavioral health curriculum for
employees at the beginning of their careers to provide
resources early regarding the importance of psychological
health;
``(D) establishing periodic management training on crisis
intervention and such component's psychological health
counseling or assistance program;
``(E) improving any associated existing employee peer
support programs, including by making additional training and
resources available for peer support personnel in the
workplace across such component;
``(F) developing and implementing a voluntary alcohol
treatment program that includes a safe harbor for employees
who seek treatment;
``(G) including, when appropriate, collaborating and
partnering with key employee stakeholders and, for those
components with employees with an exclusive representative,
the exclusive representative with respect to such a program;
``(10) in consultation with the Chief Information Officer
of the Department--
``(A) identifying methods and technologies for managing,
updating, and overseeing patient records; and
``(B) setting standards for technology used by the
components of the Department regarding the collection,
storage, and oversight of medical records;
``(11) advising the Secretary and the head of each
component of the Department that
[[Page S5876]]
delivers direct patient care regarding contracts for the
delivery of direct patient care, other medical services, and
medical supplies;
``(12) coordinating with the Countering Weapons of Mass
Destruction Office and other components of the Department as
directed by the Secretary to enhance the ability of Federal,
State, local, Tribal, and territorial governments to prevent,
detect, protect against, and mitigate the health effects of
chemical, biological, radiological, and nuclear issues;
and''; and
(D) by adding at the end the following:
``(d) Assistance and Agreements.--The Secretary, acting
through the Chief Medical Officer, in support of the medical
and public health activities of the Department, may--
``(1) provide technical assistance, training, and
information and distribute funds through grants and
cooperative agreements to State, local, Tribal, and
territorial governments and nongovernmental organizations;
``(2) enter into other transactions;
``(3) enter into agreements with other Federal agencies;
and
``(4) accept services from personnel of components of the
Department and other Federal agencies on a reimbursable or
nonreimbursable basis.
``(e) Office of Health Security Privacy Officer.--There
shall be a Privacy Officer in the Office of Health Security
with primary responsibility for privacy policy and compliance
within the Office, who shall--
``(1) report directly to the Chief Medical Officer; and
``(2) ensure privacy protections are integrated into all
Office of Health Security activities, subject to the review
and approval of the Privacy Officer of the Department to the
extent consistent with the authority of the Privacy Officer
of the Department under section 222.
``(f) Accountability.--
``(1) Strategy and implementation plan.--Not later than 180
days after the date of enactment of this section, and every 4
years thereafter, the Secretary shall create a Departmentwide
strategy and implementation plan to address health threats.
``(2) Briefing.--Not later than 90 days after the date of
enactment of this section, the Secretary shall brief the
appropriate congressional committees on the organizational
transformations of the Office of Health Security, including
how best practices were used in the creation of the Office of
Health Security.'';
(5) by redesignating section 710 (6 U.S.C. 350) as section
2302 and transferring such section to appear after section
2301, as so redesignated;
(6) in section 2302, as so redesignated--
(A) in the section heading, by striking ``medical support''
and inserting ``safety'';
(B) in subsection (a), by striking ``Under Secretary for
Management'' each place that term appears and inserting
``Chief Medical Officer''; and
(C) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``Under Secretary for Management, in coordination with the
Chief Medical Officer,'' and inserting ``Chief Medical
Officer''; and
(ii) in paragraph (3), by striking ``as deemed appropriate
by the Under Secretary,'';
(7) by redesignating section 528 (6 U.S.C. 321q) as section
2303 and transferring such section to appear after section
2302, as so redesignated; and
(8) in section 2303(a), as so redesignated, by striking
``Assistant Secretary for the Countering Weapons of Mass
Destruction Office'' and inserting ``Chief Medical Officer''.
(b) Transition and Transfers.--
(1) Transition.--The individual appointed pursuant to
section 1931 of the Homeland Security Act of 2002 (6 U.S.C.
597) of the Department of Homeland Security, as in effect on
the day before the date of enactment of this Act, and serving
as the Chief Medical Officer of the Department of Homeland
Security on the day before the date of enactment of this Act,
shall continue to serve as the Chief Medical Officer of the
Department on and after the date of enactment of this Act
without the need for reappointment.
(2) Rule of construction.--The rule of construction
described in section 2(hh) of the Presidential Appointment
Efficiency and Streamlining Act of 2011 (5 U.S.C. 3132 note)
shall not apply to the Chief Medical Officer of the
Department of Homeland Security, including the incumbent who
holds the position on the day before the date of enactment of
this Act, and such officer shall be paid pursuant to section
3132(a)(2) or 5315 of title 5, United States Code.
(3) Transfer.--The Secretary of Homeland Security shall
transfer to the Chief Medical Officer of the Department of
Homeland Security--
(A) all functions, personnel, budget authority, and assets
of the Under Secretary for Management relating to workforce
health and safety, as in existence on the day before the date
of enactment of this Act;
(B) all functions, personnel, budget authority, and assets
of the Assistant Secretary for the Countering Weapons of Mass
Destruction Office relating to the Chief Medical Officer,
including the Medical Operations Directorate of the
Countering Weapons of Mass Destruction Office, as in
existence on the day before the date of enactment of this
Act; and
(C) all functions, personnel, budget authority, and assets
of the Assistant Secretary for the Countering Weapons of Mass
Destruction Office associated with the efforts pertaining to
the program coordination activities relating to defending the
food, agriculture, and veterinary defenses of the Office, as
in existence on the day before the date of enactment of this
Act.
SEC. 5202. MEDICAL COUNTERMEASURES PROGRAM.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by redesignating section 1932 (6 U.S.C. 597a) as
section 2304 and transferring such section to appear after
section 2303, as so redesignated by section 5201 of this
division.
SEC. 5203. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
Title XXIII of the Homeland Security Act of 2002, as added
by this division, is amended by adding at the end the
following:
``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
``(a) Definitions.--In this section:
``(1) Health care provider.--The term `health care
provider' means an individual who--
``(A) is--
``(i) an employee of the Department;
``(ii) a detailee to the Department from another Federal
agency;
``(iii) a personal services contractor of the Department;
or
``(iv) hired under a contract for services;
``(B) performs health care services as part of duties of
the individual in that capacity; and
``(C) has a current, valid, and unrestricted license or
certification--
``(i) that is issued by a State, the District of Columbia,
or a commonwealth, territory, or possession of the United
States; and
``(ii) that is for the practice of medicine, osteopathic
medicine, dentistry, nursing, emergency medical services, or
another health profession.
``(2) Medical quality assurance program.--The term `medical
quality assurance program' means any activity carried out by
the Department to assess the quality of medical care,
including activities conducted by individuals, committees, or
other review bodies responsible for quality assurance,
credentials, infection control, incident reporting, the
delivery, advisement, and oversight of direct patient care
and assessment (including treatment procedures, blood, drugs,
and therapeutics), medical records, health resources
management review, and identification and prevention of
medical, mental health, or dental incidents and risks.
``(3) Medical quality assurance record of the department.--
The term `medical quality assurance record of the Department'
means all information, including the proceedings, records
(including patient records that the Department creates and
maintains as part of a system of records), minutes, and
reports that--
``(A) emanate from quality assurance program activities
described in paragraph (2); and
``(B) are produced or compiled by the Department as part of
a medical quality assurance program.
``(b) Confidentiality of Records.--A medical quality
assurance record of the Department that is created as part of
a medical quality assurance program--
``(1) is confidential and privileged; and
``(2) except as provided in subsection (d), may not be
disclosed to any person or entity.
``(c) Prohibition on Disclosure and Testimony.--Except as
otherwise provided in this section--
``(1) no part of any medical quality assurance record of
the Department may be subject to discovery or admitted into
evidence in any judicial or administrative proceeding; and
``(2) an individual who reviews or creates a medical
quality assurance record of the Department or who
participates in any proceeding that reviews or creates a
medical quality assurance record of the Department may not be
permitted or required to testify in any judicial or
administrative proceeding with respect to the record or with
respect to any finding, recommendation, evaluation, opinion,
or action taken by that individual in connection with the
record.
``(d) Authorized Disclosure and Testimony.--
``(1) In general.--Subject to paragraph (2), a medical
quality assurance record of the Department may be disclosed,
and a person described in subsection (c)(2) may give
testimony in connection with the record, only as follows:
``(A) To a Federal agency or private organization, if the
medical quality assurance record of the Department or
testimony is needed by the Federal agency or private
organization to--
``(i) perform licensing or accreditation functions related
to Department health care facilities, a facility affiliated
with the Department, or any other location authorized by the
Secretary for the performance of health care services; or
``(ii) perform monitoring, required by law, of Department
health care facilities, a facility affiliated with the
Department, or any other location authorized by the Secretary
for the performance of health care services.
``(B) To an administrative or judicial proceeding
concerning an adverse action related to the credentialing of
or health care provided by a present or former health care
provider by the Department.
``(C) To a governmental board or agency or to a
professional health care society or organization, if the
medical quality assurance record of the Department or
testimony is
[[Page S5877]]
needed by the board, agency, society, or organization to
perform licensing, credentialing, or the monitoring of
professional standards with respect to any health care
provider who is or was a health care provider for the
Department.
``(D) To a hospital, medical center, or other institution
that provides health care services, if the medical quality
assurance record of the Department or testimony is needed by
the institution to assess the professional qualifications of
any health care provider who is or was a health care provider
for the Department and who has applied for or been granted
authority or employment to provide health care services in or
on behalf of the institution.
``(E) To an employee, a detailee, or a contractor of the
Department who has a need for the medical quality assurance
record of the Department or testimony to perform official
duties or duties within the scope of their contract.
``(F) To a criminal or civil law enforcement agency or
instrumentality charged under applicable law with the
protection of the public health or safety, if a qualified
representative of the agency or instrumentality makes a
written request that the medical quality assurance record of
the Department or testimony be provided for a purpose
authorized by law.
``(G) In an administrative or judicial proceeding commenced
by a criminal or civil law enforcement agency or
instrumentality described in subparagraph (F), but only with
respect to the subject of the proceeding.
``(2) Personally identifiable information.--
``(A) In general.--With the exception of the subject of a
quality assurance action, personally identifiable information
of any person receiving health care services from the
Department or of any other person associated with the
Department for purposes of a medical quality assurance
program that is disclosed in a medical quality assurance
record of the Department shall be deleted from that record
before any disclosure of the record is made outside the
Department.
``(B) Application.--The requirement under subparagraph (A)
shall not apply to the release of information that is
permissible under section 552a of title 5, United States Code
(commonly known as the `Privacy Act of 1974').
``(e) Disclosure for Certain Purposes.--Nothing in this
section shall be construed--
``(1) to authorize or require the withholding from any
person or entity aggregate statistical information regarding
the results of medical quality assurance programs; or
``(2) to authorize the withholding of any medical quality
assurance record of the Department from a committee of either
House of Congress, any joint committee of Congress, or the
Comptroller General of the United States if the record
pertains to any matter within their respective jurisdictions.
``(f) Prohibition on Disclosure of Information, Record, or
Testimony.--A person or entity having possession of or access
to a medical quality assurance record of the Department or
testimony described in this section may not disclose the
contents of the record or testimony in any manner or for any
purpose except as provided in this section.
``(g) Exemption From Freedom of Information Act.--A medical
quality assurance record of the Department shall be exempt
from disclosure under section 552(b)(3) of title 5, United
States Code (commonly known as the `Freedom of Information
Act').
``(h) Limitation on Civil Liability.--A person who
participates in the review or creation of, or provides
information to a person or body that reviews or creates, a
medical quality assurance record of the Department shall not
be civilly liable for that participation or for providing
that information if the participation or provision of
information was provided in good faith based on prevailing
professional standards at the time the medical quality
assurance program activity took place.
``(i) Application to Information in Certain Other
Records.--Nothing in this section shall be construed as
limiting access to the information in a record created and
maintained outside a medical quality assurance program,
including the medical record of a patient, on the grounds
that the information was presented during meetings of a
review body that are part of a medical quality assurance
program.
``(j) Penalty.--Any person who willfully discloses a
medical quality assurance record of the Department other than
as provided in this section, knowing that the record is a
medical quality assurance record of the Department shall be
fined not more than $3,000 in the case of a first offense and
not more than $20,000 in the case of a subsequent offense.
``(k) Relationship to Coast Guard.--The requirements of
this section shall not apply to any medical quality assurance
record of the Department that is created by or for the Coast
Guard as part of a medical quality assurance program.''.
SEC. 5204. PORTABILITY OF LICENSURE.
(a) Transfer.--Section 16005 of the CARES Act (6 U.S.C. 320
note) is redesignated as section 2306 of the Homeland
Security Act of 2002 and transferred so as to appear after
section 2305, as added by section 5203 of this division.
(b) Repeal.--Section 2306 of the Homeland Security Act of
2002, as so redesignated by subsection (a), is amended by
striking subsection (c).
SEC. 5205. 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. Confidentiality of medical quality assurance records.
``Sec. 2306. Portability of licensure.'';
(2) by redesignating section 529 (6 U.S.C. 321r) as section
528;
(3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking
``section 711(a)'' and inserting ``section 710(a))'';
(4) by redesignating sections 711, 712, and 713 as sections
710, 711, and 712, respectively;
(5) in section 1923(d)(3) (6 U.S.C. 592(d)(3))--
(A) in the paragraph heading, by striking ``Hawaiian
native-serving'' and inserting ``Native hawaiian-serving'';
and
(B) by striking ``Hawaiian native-serving'' and inserting
`` `Native Hawaiian-serving'';
(6) by striking the subtitle heading for subtitle C of
title XIX;
(7) in section 2306, as so redesignated by section 5204 of
this division--
(A) by inserting ``portability of licensure.'' after
``2306.''; and
(B) in subsection (a), by striking ``(a) Notwithstanding''
and inserting the following:
``(a) In General.--Notwithstanding''.
______