[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''.
                                 ______