[House Report 117-650]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-650
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
HEALTH SECURITY AND COUNTERING WEAPONS OF MASS DESTRUCTION ACT
_______
December 20, 2022.--Committed to the Committee of the Whole House on
the state of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 8610]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 8610) to amend the Homeland Security Act of 2002
to authorize the Office of Health Security, make technical
corrections to the authorization of the Countering Weapons of
Mass Destruction Office, establish a Countering Weapons of Mass
Destruction Advisory Committee, establish a departmental
biodefense strategy, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 8
Background and Need for Legislation.............................. 9
Hearing.......................................................... 10
Committee Consideration.......................................... 10
Committee Votes.................................................. 10
Committee Oversight Findings..................................... 10
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 11
Federal Mandates Statement....................................... 13
Statement of General Performance Goals and Objectives............ 13
Duplicative Federal Programs..................................... 13
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 13
Advisory Committee Statement..................................... 13
Applicability to Legislative Branch.............................. 13
Section-by-Section Analysis of the Legislation................... 13
Changes in Existing Law Made by the Bill, as Reported............ 16
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health Security and
Countering Weapons of Mass Destruction Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--OFFICE OF HEALTH SECURITY
Sec. 101. Office of Health Security.
TITLE II--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Sec. 201. Technical corrections; Countering Weapons of Mass Destruction
Advisory Committee; departmental biodefense strategy.
Sec. 202. Biodefense review and strategy.
Sec. 203. Sunset repealed.
Sec. 204. Comptroller General review.
TITLE I--OFFICE OF HEALTH SECURITY
SEC. 101. 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), by striking ``Assistant
Secretary for Health Affairs, the Assistant Secretary
for Legislative Affairs,'' and inserting ``Assistant
Secretary for Legislative Affairs''; and
(B) in subsection (d), by adding at the end the
following new paragraph:
``(6) A Chief Medical Officer.'';
(2) by adding at the end the following new title:
``TITLE XXIII--OFFICE OF HEALTH SECURITY'';
(3) by redesignating section 1931 (6 U.S.C. 597) as section
2301 and transferring such section, as so redesignated, to
appear after the heading for title XXIII, as added by paragraph
(2);
(4) in section 2301, as so redesignated and transferred--
(A) by amending the section heading to read as
follows: ``office of health security'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--There is in the Department an Office of Health
Security.'';
(C) by amending subsection (b) to read as follows:
``(b) Head of Office of Health Security.--
``(1) In general.--The Office of Health Security shall be
headed by a Chief Medical Officer (in this title referred to as
the `Chief Medical Officer'), who shall be at the level of
Assistant Secretary within the Department.
``(2) Qualifications; duties.--The Chief Medical Officer
shall--
``(A) be appointed by the President pursuant to
section 103(d);
``(B) be a licensed physician possessing a
demonstrated ability in and knowledge of medicine and
public health; and
``(C) report directly to the Secretary.'';
(D) 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, including--'' and inserting
``medical, public health, and workforce health
and safety matters, including issues related
to--'';
(ii) in paragraph (1), by striking ``the
Secretary, the Administrator of the Federal
Emergency Management Agency, the Assistant
Secretary, and other Department officials'' and
inserting ``the Secretary and all other
Department officials'';
(iii) in paragraph (4), by striking ``and''
after the semicolon;
(iv) by redesignating paragraph (5) as
paragraph (11); and
(v) by inserting after paragraph (4) the
following new paragraphs:
``(5) delivering, advising, and supporting--
``(A) direct patient care; and
``(B) the organization, management, and staffing of
component operations that deliver direct patient care;
``(6) advising the Secretary and the head of each component
of the Department that delivers direct patient care regarding--
``(A) knowledge and skill standards for medical
personnel and the assessment of such knowledge and
skill;
``(B) the collection, storage, and oversight of
medical records; and
``(C) contracts for the delivery of direct patient
care, other medical services, and medical supplies;
``(7) 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, or, as the
case may be, the employee who functions in the capacity of a
component chief medical officer;
``(8) with respect to preparation and response for pandemics,
ensuring the protection of the workforce of the Department,
with an emphasis on front line workers most at risk, through--
``(A) health security planning; and
``(B) provision of subject matter and planning
expertise to the Chief Readiness Support Officer of the
Department regarding stockpiling and distribution of
supplies, including adequate personal protective
equipment;
``(9) with respect to any psychological health counseling or
assistance program of the Department, including such a program
of a law enforcement, operational, or support component of the
Department, advising the head of each such component with such
a program regarding--
``(A) ensuring such program includes safeguards
against adverse action, including automatic referrals
for a fitness for duty examination, by such component
with respect to any employee solely because such
employee self-identifies a need for psychological
health counseling or assistance or receives such
counseling or assistance;
``(B) increasing the availability and number of local
psychological health professionals with experience
providing psychological support services to personnel;
``(C) establishing a behavioral health curriculum for
employees at the beginning of their careers to provide
resources early regarding the importance of
psychological health;
``(D) establishing periodic management training on
crisis intervention and such component's psychological
health counseling or assistance program;
``(E) improving any associated existing employee peer
support programs, including by making additional
training and resources available for peer support
personnel in the workplace across such component;
``(F) developing and implementing a voluntary alcohol
treatment program that includes a safe harbor for
employees who seek treatment;
``(G) prioritizing, as appropriate, expertise in the
provision of psychological health counseling and
assistance for certain populations of the workforce,
such as employees serving in positions within law
enforcement, to help improve outcomes for such
employees receiving such counseling or assistance; and
``(H) including 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
components of the Department regarding the collection,
storage, and oversight of medical records; and''; and
(E) by adding at the end the following new
subsections:
``(d) Assistance and Agreements.--In furtherance of this section, the
Chief Medical Officer, at the direction of the Secretary, may--
``(1) provide technical assistance, training, information,
and distribute funds through grants and cooperative agreements
to State, local, Tribal, and territorial governments, and
nongovernmental organizations;
``(2) enter into agreements with appropriate Federal
departments and other executive agencies; and
``(3) accept services from personnel of components of the
Department and appropriate Federal departments and other
executive agencies on a reimbursable or nonreimbursable basis.
``(e) Office of Health Security Privacy Officer.--
``(1) In general.--There shall be a Privacy Officer of the
Office of Health Security, designated by the Chief Medical
Officer in consultation with the Privacy Officer of the
Department, with primary responsibility for privacy policy and
compliance within the Office and with respect to the carrying
out of responsibilities described in subsection (c).
``(2) Duties.--The Privacy Officer of the Office of Health
Security shall--
``(A) report directly to the Chief Medical Officer;
``(B) coordinate with and, as requested, support the
activities of the Privacy Officer appointed under
section 222; and
``(C) ensure privacy protections are integrated into
all activities of the Office of Health Security,
subject to the review and approval of the Privacy
Officer of the Department.
``(f) Annual Report.--Not later than one year after the date of the
enactment of this subsection and annually thereafter, the Chief Medical
Officer shall submit to Congress a report on the activities of the
Office of Health Security for the immediately preceding year.'';
(5) by redesignating section 710 (6 U.S.C. 350) as section
2302 and transferring such section to appear after section 2301
(as redesignated and transferred pursuant to paragraph (3));
(6) in section 2302, as so redesignated and transferred--
(A) in subsection (a), by striking ``Under Secretary
for Management'' each place such term appears and
inserting ``Chief Medical Officer''; and
(B) 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 transferred; and
(8) in subsection (a) of section 2303, as so redesigned and
transferred, by striking ``Assistant Secretary for the
Countering Weapons of Mass Destruction Office'' and inserting
``Chief Medical Officer''.
(b) 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, as so
redesignated, to appear after section 2303 (as redesignated and
transferred pursuant to subsection (a)(7)) of title XXIII.
(c) Transition and Transfers.--
(1) In general.--The individual appointed pursuant to section
1931(a) of the Homeland Security Act of 2002 (6 U.S.C. 597) (as
such section appeared on the day before the date of the
enactment of this Act) of the Department of Homeland Security
and serving as the Chief Medical Officer of the Department of
Homeland Security on the day before such date of enactment,
shall continue to serve as the Chief Medical Officer of the
Department after such date without the need for reappointment.
(2) Saving clause.--The rule of construction set forth in
section 2(hh) of the Presidential Appointment Efficiency and
Streamlining Act of 2011 (Public Law 112-166, 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 the enactment
of this Act), and such officer shall be a Senior Executive
Service position (as that term is defined in section 3132(a) of
title 5, United States Code) and receive the rate of basic pay
for level IV of the Executive Schedule (in accordance with
section 5315 of such title).
(3) Transfer.--The Secretary of Homeland Security shall
transfer to the Chief Medical Officer all functions, personnel,
budget authority, and assets of--
(A) the Under Secretary for Management, relating to
workforce health and medical support,
(B) 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), and
(C) the Assistant Secretary for the Countering
Weapons of Mass Destruction Office, with respect to
food, agriculture, and veterinary defense programs of
such Office,
as in existence on the day before the date of the enactment of
this Act.
(d) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 is amended--
(1) by redesignating section 529 (6 U.S.C. 321r) as section
528;
(2) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking
``section 711(a)'' and inserting ``section 710(a)'';
(3) by redesignating sections 711 (6 U.S.C. 351), 712 (6
U.S.C. 352), and 713 (6 U.S.C. 353) as sections 710, 711, and
712, respectively; and
(4) in title XIX, by striking the enumerator and heading of
subtitle C.
(e) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended--
(1) by striking the item relating to section 528 (as in
existence on the day before the date of the enactment of this
Act);
(2) by redesignating the item relating to section 529 as the
item relating to section 528;
(3) by striking the item relating to section 710 (as in
existence on the day before the date of the enactment of this
Act);
(4) by redesignating the items relating to sections 711, 712,
and 713 as the items relating to sections 710, 711, and 712,
respectively;
(5) by inserting after the item relating to section 1900 the
following new item:
``Sec. 1900A. Rule of construction.'';
(6) by inserting after the item relating to section 1928 the
following new item:
``Sec. 1929. Countering Weapons of Mass Destruction Advisory
Committee.'';
(7) by striking the items relating to subtitle C of title XIX
(as in existence on the day before the date of the enactment of
this Act); and
(8) by adding at the end the following new items:
``TITLE XXIII--OFFICE OF HEALTH SECURITY
``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and medical support.
``Sec. 2303. Coordination of Department of Homeland Security efforts
related to food, agriculture, and veterinary defense against terrorism.
``Sec. 2304. Medical countermeasures.''.
TITLE II--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
SEC. 201. TECHNICAL CORRECTIONS; COUNTERING WEAPONS OF MASS DESTRUCTION
ADVISORY COMMITTEE; DEPARTMENTAL BIODEFENSE
STRATEGY.
Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.)
is amended--
(1) in the matter preceding subtitle A, by inserting after
section 1900 the following new section:
``SEC. 1900A. RULE OF CONSTRUCTION.
``Nothing in this title may be construed as affecting in any manner
or respect the operation of the Chemical Facility Anti-Terrorism
Standards Program of the Cybersecurity and Infrastructure Security
Agency or title XXI.'';
(2) in subtitle A, in section 1901(c) (6 U.S.C. 591(c))--
(A) in the matter preceding paragraph (1), by
striking ``serve as the Secretary's principal advisor
on''; and
(B) by striking paragraphs (1) and (2) and inserting
the following new paragraphs:
``(1) serve as the Secretary's principal advisor on matters
and strategies relating to--
``(A) countering weapons of mass destruction; and
``(B) non-medical aspects of chemical, biological,
radiological, and nuclear threats, and non-conventional
emerging terrorism threats;
``(2) coordinate the efforts of the Department to counter--
``(A) weapons of mass destruction;
``(B) non-medical aspects of chemical, biological,
radiological, and nuclear threats; and
``(C) other related emerging terrorism threats; and
``(3) enhance the ability of Federal, State, local, Tribal,
and territorial partners to prevent, detect, protect against,
and mitigate the impacts of terrorist attacks in the United
States involving--
``(A) weapons of mass destruction; or
``(B) non-medical aspects of chemical, biological,
radiological, and nuclear threats, and non-conventional
emerging terrorism threats.''; and
(3) in subtitle B--
(A) in section 1921 (6 U.S.C. 591g), by striking
``The Office shall be responsible'' and all that
follows through ``interests of the United States.'' and
inserting the following: ``The Office shall be
responsible for--
``(1) coordinating the Department's efforts and with other
Federal Departments and agencies to counter weapons of mass
destruction and non-medical aspects of chemical, biological,
radiological, and nuclear threats, and non-conventional
emerging terrorism threats; and
``(2) enhancing the ability of Federal, State, local, Tribal,
and territorial partners to prevent, detect, protect against,
and mitigate the impacts of--
``(A) weapons of mass destruction; and
``(B) non-medical aspects of chemical, biological,
radiological, and nuclear threats, and non-conventional
emerging terrorism threats.'';
(B) in section 1923(a) (6 U.S.C. 592(a))--
(i) by redesignating paragraphs (13) and (14)
as paragraphs (19) and (20), respectively; and
(ii) by inserting after paragraph (12) the
following new paragraphs:
``(13) serve as the primary entity within the Department
responsible for developing, acquiring, deploying, supporting,
and operating a national biosurveillance system in support of
Federal, State, local, Tribal, and territorial governments;
``(14) support the enhancement of 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 among
such entities;
``(15) collaborate with relevant Federal stakeholders, and
receive input from industry, academia, and the national
laboratories regarding chemical and biological surveillance
efforts;
``(16) carry out a program to test and evaluate, in
consultation with the Science and Technology Directorate and,
as appropriate, State, local, Tribal, and territorial partners,
and in coordination with other relevant Federal agencies,
technology to detect and report on chemical, biological,
radiological, and nuclear weapons or unauthorized material for
use by the Department and such partners, and establish
performance metrics to evaluate the effectiveness of individual
detectors and detection systems in detecting such weapons or
material--
``(A) under realistic operational and environmental
conditions; and
``(B) against realistic adversary tactics and
countermeasures;
``(17) conduct, support, coordinate, and encourage, in
consultation with State, local, Tribal, and territorial
partners, and in coordination with the Science and Technology
Directorate, transformational research and development efforts
to generate new technologies to detect, protect against, and
report on the illicit entry across the United States borders,
or the transport, assembly, or use within the United States of
chemical, biological, radiological, and nuclear weapons or
unauthorized material;
``(18) support and enhance the effective sharing and use of
appropriate information regarding chemical, biological,
radiological, and nuclear threats and non-conventional emerging
terrorism threats generated by elements of the intelligence
community (as such term is 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 such entities;'';
(C) in section 1924 (6 U.S.C. 593)--
(i) in the first sentence, by striking
``section 1101 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 such authorities shall be limited to
facilitate the recruitment of experts in the
chemical, biological, radiological, or nuclear
specialties''; and
(ii) by striking the second sentence;
(D) in section 1928 (6 U.S.C. 596b)--
(i) 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
(ii) by amending subsection (d) to read as
follows:
``(d) Report.--Not later than two years after the date of enactment
of the Health Security and Countering Weapons of Mass Destruction, the
Secretary shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report regarding the STC
program.''; and
(E) by adding at the end the following new section:
``SEC. 1929. COUNTERING WEAPONS OF MASS DESTRUCTION ADVISORY COMMITTEE.
``(a) Establishment.--There is established in the Office a Countering
Weapons of Mass Destruction Advisory Committee (in this section
referred to as the `Advisory Committee'). The Advisory Committee shall
make recommendations with respect to the activities of the Office.
``(b) Membership.--The Assistant Secretary shall appoint not more
than 18 individuals to serve as members of the Advisory Committee. Such
individuals shall represent, to the extent practicable, a geographic
(including urban and rural) and substantive cross section of officials
from State, local, and Tribal governments, academia, the private
sector, and nongovernmental organizations. The Assistant Secretary
shall seek to ensure one-third of the members are selected from the
emergency management field and emergency response providers and State,
local, and Tribal government officials. The Assistant Secretary shall
seek to ensure the remaining members are--
``(1) individuals from the public or private sectors with
expertise in chemical, biological, radiological, or nuclear
agents and weapons;
``(2) representatives from the national laboratories; and
``(3) such other individuals as the Assistant Secretary
determines appropriate.
``(c) Responsibilities.--The Advisory Committee shall--
``(1) advise the Assistant Secretary on all aspects of
countering weapons of mass destruction;
``(2) 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
``(3) establish performance criteria for a national
biological detection system and review any associated testing
protocols for biological detection prototypes.
``(d) Consultation.--The Assistant Secretary shall regularly consult
and work with the Advisory Committee regarding the Office's activities,
including with respect to activities associated with the administration
of Federal assistance provided by the Department, and the development
of requirements for countering weapons of mass destruction programs.
``(e) Voluntary Service and Terms.--The members of the Advisory
Committee shall serve on the Advisory Committee on a voluntary basis.
Members of may serve for up to three consecutive years, but a member
appointed to fill a vacancy occurring before the expiration of the term
for which such member's predecessor was appointed may be appointed for
the remainder of such term.
``(f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Advisory Committee.''.
SEC. 202. BIODEFENSE REVIEW AND STRATEGY.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by inserting after section 515 (6 U.S.C.
321d) the following new section:
``SEC. 516. DEPARTMENT-WIDE BIODEFENSE REVIEW AND STRATEGY.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary, in consultation with
appropriate stakeholders representing Federal, State, Tribal,
territorial, academic, private sector, and nongovernmental entities,
shall conduct a Department-wide review of biodefense activities and
strategies.
``(b) Review.--The review required under subsection (a) shall--
``(1) 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;
``(2) assess how such components and offices coordinate
internally and with public and private partners in the
biodefense enterprise;
``(3) identify any policy, resource, capability, or other
gaps in the Department's ability to assess, prevent, protect
against, and respond to biological threats; and
``(4) 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.
``(c) Strategy.--Not later than one year after completion of the
review required under subsection (a), the Secretary shall issue a
biodefense strategy for the Department that 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 successor strategy. Such strategy shall--
``(1) describe the Department's biodefense mission and role,
as well as how such relates to the biodefense lines of effort
of the Department;
``(2) clarify, as necessary, biodefense roles,
responsibilities, and capabilities of the Department's
components and offices involved in the biodefense lines of
effort of the Department;
``(3) establish how biodefense lines of effort of the
Department are to be coordinated within the Department;
``(4) 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
``(5) include information relating to--
``(A) milestones and performance metrics that are
specific to the Department's biodefense mission and
role described in paragraph (1); and
``(B) implementation of any operational changes
necessary to carry out paragraphs (3) and (4).
``(d) Periodic Update.--Beginning not later than five years after the
issuance of the strategy and implementation plans required under
subsection (c) and not less often than once every five years
thereafter, the Secretary shall review and update, as necessary, such
strategy and plans.''.
(b) Congressional Oversight.--Not later than 30 days after the
issuance of the biodefense strategy and implementation plans for the
Department of Homeland Security required under section 516(c) of the
Homeland Security Act of 2002, as added by subsection (a), the
Secretary of Homeland Security shall brief the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate regarding such strategy
and plans.
(c) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 515 the following new item:
``Sec. 516. Department-wide biodefense review and strategy.''.
SEC. 203. SUNSET REPEALED.
Subsection (e) of section 1901 of the Homeland Security Act of 2002
(6 U.S.C. 591) is repealed.
SEC. 204. COMPTROLLER GENERAL REVIEW.
Not later than one year after the date of the enactment of this Act,
the Comptroller General of the United States shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
regarding the implementation of section 516 of the Homeland Security
Act of 2002, as added by section 202, including information relating to
the following:
(1) The Office's efforts to prioritize its programs and
activities to conduct the Office's mission to safeguard against
chemical, biological, radiological, and nuclear threats.
(2) The consistency and effectiveness of the Office's efforts
at coordinating with State, local, Tribal, and territorial
entities and international partners across its mission areas.
(3) The Office's efforts to manage the lifecycle of research
and development within the Office and with other operational
and support components of the Department of Homeland Security,
including the Science and Technology Directorate.
(4) Any actions by the Office to measure progress in
addressing employee engagement and improving employee morale
across the Office.
(5) The extent and effectiveness of the Office's coordination
with other operational and support components, including the
Science and Technology Directorate, of the Department regarding
research and development projects.
(6) The Office's efforts to prioritize its research and
development funding, including to address emerging chemical,
biological, radiological, and nuclear threats.
Purpose and Summary
H.R. 8610, the ``Health Security and Countering Weapons of
Mass Destruction Act,'' authorizes the Office of Health
Security, a new office within the Department of Homeland
Security (DHS) which advises on medical, public health, and
workforce health and safety matters in the Homeland Security
Act of 2002. Additionally, this legislation would repeal a
provision to terminate the Countering Weapons of Mass
Destruction Office (CWMD) and clarifies CWMD's role in leading
the Department's efforts to counter chemical, biological,
radiological, and nuclear (CBRN) threats. To improve the CWMD's
operations, H.R. 8610 would establish an advisory council and
directs the Government Accountability Office (GAO) to review
CWMD's operations. Lastly, it requires DHS to carry out a
biodefense review and issue a Departmental biodefense strategy.
Background and Need for Legislation
Given the complexity of the risk landscape, protecting the
Nation against CBRN threats remains a critical national
security priority. On December 21, 2018, the ``Countering
Weapons of Mass Destruction Act of 2018'' (CWMD Act) became
law, authorizing the creation of CWMD to streamline DHS's
efforts to ``plan for, detect, and protect against the
importation, possession, storage, transportation, development,
or use of unauthorized chemical, biological, radiological, or
nuclear materials, devices, or agents in the United States and
to protect against an attack using such materials, devices, or
agents against the people, territory, or interests of the
United States.''\1\ The CWMD Act combined two predecessor
offices--the Domestic Nuclear Detection Office (DNDO), which
focused on countering nuclear and radiological threats, and the
Office of Health Affairs (OHA) which was overseen by the
Department's Chief Medical Officer (CMO)--into the CWMD office.
In recent years, the office has encountered some challenges in
managing legacy programs and with employee morale.\2\ Under
current law, authority to operate CWMD will terminate on
December 21, 2023.\3\ H.R. 8610 would repeal CWMD's termination
clause, clarify its responsibilities, and drive improvements to
its operations.
---------------------------------------------------------------------------
\1\Pub. L. 115-387.
\2\Government Accountability Office, ``Countering Weapons of Mass
Destruction: DHS Could Improve Its Acquisition of Key Technology and
Coordination with Partners,'' (April 19, 2022), GAO-22-104498,
available at https://www.gao.gov/products/gao-22-104498; David Willman,
``Trump administration has gutted programs aimed at detecting weapons
of mass destruction,'' Los Angeles Times, (July 17, 2019), available at
https://www.latimes.com/politics/story/2019-07-17/times-investigation-
homeland-security-gutted-programs-aimed-at-stopping-wmd-terrorism;
Emily Baumgaertner, ``Hackers could have breached BioWatch for years,
records show,'' Los Angeles Times, (Aug. 25, 2019), available at
https://www.latimes.com/science/sciencenow/la-sci-biowatch-20190402-
story.html; Thomas Warrick and Caitlin Durkovich, ``Future of DHS
Project: Key Findings and Recommendations,'' Atlantic Council,
Scowcroft Center for Strategy and Security, (Sept. 2020), available at
https://www.atlanticcouncil.org/content-series/future-of-dhs/future-of-
dhs-project-key-findings-and-recommendations/; and see Partnership for
Public Service, ``Best Places to Work in the Federal Government,''
(accessed Dec. 12, 2022), available at https://ourpublicservice.org/
performance-measures/best-places-to-work-in-the-federal-government/;
and see Government Accountability Office, ``DHS Employee Morale: Some
Improvements Made, but Additional Actions Needed to Strengthen Employee
Engagement,'' (Jan. 12, 2021), GAO-21-204, available at https://
www.gao.gov/products/gao-21-204.
\3\Government Accountability Office, ``Countering Weapons of Mass
Destruction: DHS Could Improve Its Acquisition of Key Technology and
Coordination with Partners,'' (April 19, 2022), GAO-22-104498,
available at https://www.gao.gov/products/gao-22-104498; Government
Accountability Office, ``Countering Weapons of Mass Destruction: DHS
Office Has Opportunities to Improve Partner Services and Employee
Morale,'' (July 19, 2022), GAO-22-106133, available at https://
www.gao.gov/products/gao-22-106133.
---------------------------------------------------------------------------
Additionally, H.R. 8610 would make enhancements to the
Department's handling of medical, public health, and workforce
health and safety matters. The Covid-19 pandemic has brought to
light the need to improve the Department's programs and
policies in this space. In response, the CMO has sought to
improve the DHS's public health and workforce safety efforts by
supporting health and safety efforts for the DHS workforce,
establishing domestic public health measures to address the
Ukraine-Russia conflict, and assisting agents and emergency
medical technicians with health protocols.\4\ With the
importance of public health to DHS's operations, Homeland
Security Secretary Alejandro Mayorkas, using authorities
provided under Section 872 of the Homeland Security Act of
2002, established a distinct office to better advise the
Secretary and support medical, public health, and workforce
health and safety efforts across the Department. The Office of
Health Security (OHS), comprised of the CMO and elements from
the DHS Management Directorate, was established in July
2022.\5\ H.R. 8610 would authorize this new office, while
clarifying what roles and responsibilities are retained within
the CWMD office with this organizational change.
---------------------------------------------------------------------------
\4\U.S. Senate Committee on Homeland Security and Governmental
Affairs, Hearing on Addressing Weapons of Mass Destruction and Health
Security Threats to the Homeland, 117th Cong., 2d sess., (July 19,
2022), available at https://www.hsgac.senate.gov/hearings/addressing-
weapons-of-mass-destruction-and-health-security-threats-to-the-
homeland.
\5\The ``Consolidated Appropriations Act, 2022'' (Pub. L. 117-103)
waived the reorganization prohibition (6 U.S.C. 452) for the limited
purposes of establishing OHS.
---------------------------------------------------------------------------
Hearing
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, the following hearing
was used to develop H.R. 8610:
On July 16, 2021, the Emergency
Preparedness, Response, and Recovery Subcommittee of
the Committee on Homeland Security held a hearing
entitled, ``Examining the U.S. Department of Homeland
Security Countering Weapons of Mass Destruction
Office,'' and received testimony from the Honorable
Gary Rasicot, Acting Assistant Secretary, CWMD, DHS;
and Mr. Christopher P. Currie, Director, Homeland
Security and Justice, GAO.
Committee Consideration
The Committee met on September 14, 2022, a quorum being
present, to consider H.R. 8610 and ordered the measure to be
favorably reported to the House, as amended, by voice vote.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto.
No recorded votes were requested during consideration of
H.R. 8610.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X, are incorporated in the descriptive portions of this
report.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to the requirements of clause 3(c)(3) of
rule XIII and section 402 of the Congressional Budget Act of
1974, the Committee adopts as its own the estimate of any new
budget authority, spending authority, credit authority, or an
increase or decrease in revenues or tax expenditures contained
in the cost estimate prepared by the Director of the
Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 22, 2022.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 8610, the Health
Security and Countering Weapons of Mass Destruction Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeremy Crimm.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 8610 would permanently reauthorize the Countering
Weapons of Mass Destruction Office (CWMD) within the Department
of Homeland Security (DHS). CWMD leads DHS's efforts to prevent
the use of chemical, biological, radiological, or nuclear
weapons, and promotes readiness against such attacks by
coordinating with federal, state, local, tribal, and
territorial governments, as well as the private sector. Under
current law, CWMD's authorization expires on December 21, 2023.
The bill also would create an Office of Health Security
(OHS) within the Office of the Secretary. The office would be
responsible for all of DHS's medical and public health
activities, including food, agriculture, and veterinary
defense, and workforce health and safety, transferring these
functions from component units.
Finally, H.R. 8610 would create additional reporting
requirements, including a Government Accountability Office
review of CWMD's efforts and effectiveness.
The Congress appropriated $386 million for CWMD in 2022.
That includes funding for operations and support, procurement
and maintenance of chemical, biological and radiological
detection equipment, research and development, and assistance
to state, local, tribal, and territorial governments. Adjusting
that amount for annual inflation, the transfer of funds to OHS,
and CWMD's current authorization through December 2023, CBO
estimates this provision would authorize the appropriation of
$1.6 billion over the 2023-2027 period.
In addition, based on the costs of similar reports, CBO
estimates that implementing the bill's reporting requirements
would cost $1 million over 2023-2027 period. In total, CBO
estimates that CWMD would incur $769 million in additional
costs over the 2023-2027 period. Such spending would be subject
to the appropriation of the estimated amounts.
Based on information from DHS, CBO assumes that the
department already carries out the activities required of OHS
under the bill and that H.R. 8610 would consolidate those
efforts into a new office. Using information from CWMD, CBO
estimates implementing H.R. 8610 would require the agency to
transfer 35 existing staff and $21 million (the amount
allocated for those activities in 2022) to the new Office of
Health Security. The new office would include DHS's current
work and activities on food and agriculture security, and
veterinary defense. CBO estimates that OHS would continue to
incur costs for those activities, with an increase each year to
account for expected inflation. CBO estimates that OHS would
cost $79 million over the 2023-2027 period; such spending would
be subject to the availability of appropriated funds.
The costs of the legislation, detailed in Table 1, fall
within budget function 750 (administration of justice).
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 8610 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On November 9, 2022, CBO transmitted a cost estimate for
S.4465, Offices of Countering Weapons of Mass Destruction and
Health Security Act of 2022, as ordered reported by the Senate
Committee on Homeland Security and Governmental Affairs, on
August 3, 2022. The two bills are similar, and CBO's estimates
of the costs of both are similar. S. 4465 contains additional
reporting requirements and new fines on individuals who
willfully disclose a medical record created by DHS, neither of
which are included in H.R. 8610.
The CBO staff contact for this estimate is Jeremy Crimm.
The estimate was reviewed by Leo Lex, Deputy Director of Budget
Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 8610 is to authorize the Office of Health Security within
the Department of Homeland Security, repeal the termination
date for the CWMD office, and clarify the CWMD office's
responsibilities.
Duplicative Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, the Committee
finds that H.R. 8610 does not contain any provision that
establishes or reauthorizes a program known to be duplicative
of another Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI, this bill, as reported,
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that H.R. 8610 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title.
This section states that the Act may be cited as the
``Health Security and Countering Weapons of Mass Destruction
Act''.
Sec. 101. Office of Health Security.
This section authorizes the Office of Health Security (OHS)
within the Department of Homeland Security to be led by a Chief
Medical Officer (CMO), who serves at the level of Assistant
Secretary. The section requires the CMO to submit a report on
OHS's activities within a year, and annually thereafter.
Sec. 101 sets forth the CMO's responsibilities to include
delivering, advising, and supporting DHS components and offices
with respect to direct patient care as well as the
organization, management, and staffing of DHS component
operations that deliver direct patient care. The CMO is also
responsible for advising the DHS Secretary and the head of each
component that delivers direct patient care regarding (1)
knowledge and skill standards for medical personnel and the
assessment of such knowledge and skill; (2) the collection,
storage, and oversight of medical records; and (3) contracts
for related to such activities. Additionally, the CMO is
responsible for advising each component on recruitment and
appointment of a component chief medical officer and the
administration of any psychological health counseling or
assistance program within a component.
Sec. 101 establishes a Privacy Officer within the OHS and
directs the CMO, in consultation with the DHS Chief Information
Officer, to identify methods and technologies for managing,
updating, and overseeing patient records and setting related
technology standards for the collection, storage, and oversight
of medical records. It also authorizes the CMO, at the
direction of the Secretary, to provide technical assistance,
training, information, and to distribute funds to State, local,
Tribal, and territorial (SLTT) governments, and nongovernmental
organizations; and enter into agreements with appropriate
Federal departments.
This section transfers to the CMO all functions, personnel,
budget authority, and assets of the Under Secretary for
Management, relating to workforce health and medical support;
the Assistant Secretary for the CWMD, relating to the CMO
(including the Medical Operations Directorate of the Countering
Weapons of Mass Destruction Office); and the Assistant
Secretary for the CWMD, concerning food, agriculture, and
veterinary defense programs to OHS.
Sec. 201. Technical corrections; Countering Weapons of Mass Destruction
Advisory Committee; departmental biodefense strategy.
This section clarifies that the Assistant Secretary for
CWMD will serve as the Secretary's principal advisor on
countering and coordinating DHS's efforts to counter weapons of
mass destruction (WMD), as well as CBRN threats and other non-
conventional emerging terrorism threats. It also provides
technical corrections and a rule of construction.
Sec. 201 also clarifies CWMD's roles and responsibilities
to include: coordinating the Department's efforts to counter
WMD, non-medical aspects of CBRN threats, and emerging
terrorism threats; enhancing the ability of Federal, State,
local, Tribal, and territorial (FSLTT) partners to prevent,
detect, protect against, and mitigate the impacts of terrorist
attacks in the United States involving WMD, CBRN, or other non-
conventional terrorist threats; serving as the primary DHS
entity responsible for developing, acquiring, deploying,
supporting, and operating a national biosurveillance system in
support of FSLTT; supporting the enhancement of chemical and
biological detection efforts of FSLTT authorities;
collaborating with relevant Federal stakeholders on chemical
and biological surveillance efforts; carrying out a program to
test and evaluate technology used by DHS to detect and report
on CBRN weapons and establish performance metrics to evaluate
the effectiveness of such technology; conducting, supporting,
coordinating, and encouraging transformational research and
development efforts to generate new technologies to detect,
protect against, and report on the illicit entry across the
United States borders, or the transport, assembly, or use
within the United States of CBRN weapons or unauthorized
material; supporting and enhancing the effective sharing and
use of appropriate information regarding CBRN threats and non-
conventional emerging terrorism threats.
Sec. 201 also provides flexibility for hiring CBRN
specialists and expands the locations for the Securing the
Cities (STC) program to permit CWMD broader jurisdiction to
select cities based on the relative threat vulnerability and
capability of the city. It stipulates that within 2 years after
the date of enactment, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a report regarding the STC program.
This section directs the CWMD to establish an 18-member
Countering Weapons of Mass Destruction Advisory Committee (the
``Advisory Committee'') to make recommendations with respect to
the activities of the Office. The membership of the Advisory
Committee is to include emergency managers, State, local, and
Tribal government officials, geographic diversity, members of
the private, nonprofit, and public sector with experience in
CBRN threats, and representatives of the national laboratories.
All members are to serve voluntarily for 3-year terms, except
under certain circumstances.
Sec. 202. Biodefense review and strategy.
This section directs DHS to consult with appropriate
stakeholders to produce a Department-wide review of biodefense
activities and strategies within 180 days. The review is
supposed to identify DHS biodefense activities, assess how such
internal and external coordination; identify any gaps in DHS's
ability to counter to biological threats; and identify any
organizational reforms necessary for DHS to effectively execute
its biodefense mission.
Sec. 202 also directs DHS, within a year of the review, to
issue a strategy for the Department that is informed by such
review and is aligned with the national biodefense strategy.
DHS is directed to review and update the strategy no later than
5 years, and every 5 years thereafter, on DHS's strategy and
plans.
Sec. 203. Sunset repealed.
This section strikes section 1901 of the Homeland Security
Act of 2002 which would terminate authority for the CWMD
office.
Sec. 204. Comptroller General review.
This section mandates the Comptroller General of the United
States to provide a report to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate on
CWMD's efforts to prioritize its work to meet its mission and
safeguard against CBRN threats; its effectiveness of
engagements with SLTT partners; its research management within
the office and with other DHS components; its employee
engagement and morale; and ability to meet its mission.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
Sec. 501. Definitions.
* * * * * * *
Sec. 516. Department-wide biodefense review and strategy.
* * * * * * *
[Sec. 528. Coordination of Department of Homeland Security efforts
related to food, agriculture, and veterinary defense against
terrorism.]
Sec. [529] 528. Transfer of equipment during a public health emergency.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
[Sec. 710. Workforce health and medical support.]
Sec. [711] 710. Employee engagement.
Sec. [712] 711. Annual employee award program.
Sec. [713] 712. Acquisition professional career program.
* * * * * * *
TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Sec. 1900. Definitions.
Sec. 1900A. Rule of construction.
* * * * * * *
Subtitle B--Mission of the Office
Sec. 1921. Mission of the Office.
* * * * * * *
Sec. 1929. Countering Weapons of Mass Destruction Advisory Committee.
[Subtitle C--Chief Medical Officer
[Sec. 1931. Chief Medical Officer.
[Sec. 1932. Medical countermeasures.]
* * * * * * *
Title XXIII--Office of Health Security
Sec. 2301. Office of Health Security.
Sec. 2302. Workforce health and medical support.
Sec. 2303. Coordination of Department of Homeland Security efforts
related to food, agriculture, and veterinary defense against
terrorism.
Sec. 2304. Medical countermeasures.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--
(1) In general.--Except as provided under paragraph
(2), there are the following officers, appointed by the
President, by and with the advice and consent of the
Senate:
(A) A Deputy Secretary of Homeland Security,
who shall be the Secretary's first assistant
for purposes of subchapter III of chapter 33 of
title 5, United States Code.
(B) An Under Secretary for Science and
Technology.
(C) A Commissioner of U.S. Customs and Border
Protection.
(D) An Administrator of the Federal Emergency
Management Agency.
(E) A Director of the Bureau of Citizenship
and Immigration Services.
(F) An Under Secretary for Management, who
shall be first assistant to the Deputy
Secretary of Homeland Security for purposes of
subchapter III of chapter 33 of title 5, United
States Code.
(G) A Director of U.S. Immigration and
Customs Enforcement.
(H) A Director of the Cybersecurity and
Infrastructure Security Agency.
(I) Not more than 12 Assistant Secretaries.
(J) A General Counsel, who shall be the chief
legal officer of the Department.
(K) An Under Secretary for Strategy, Policy,
and Plans.
(2) Assistant secretaries.--If any of the Assistant
Secretaries referred to under paragraph (1)(I) is
designated to be the [Assistant Secretary for Health
Affairs, the Assistant Secretary for Legislative
Affairs,] Assistant Secretary for Legislative Affairs
or the Assistant Secretary for Public Affairs, that
Assistant Secretary shall be appointed by the President
without the advice and consent of the Senate.
(b) Inspector General.--There shall be in the Department an
Office of Inspector General and an Inspector General at the
head of such office, as provided in the Inspector General Act
of 1978 (5 U.S.C. App.).
(c) Commandant of the Coast Guard.--To assist the Secretary
in the performance of the Secretary's functions, there is a
Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and who
shall report directly to the Secretary. In addition to such
duties as may be provided in this Act and as assigned to the
Commandant by the Secretary, the duties of the Commandant shall
include those required by section 2 of title 14, United States
Code.
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil Liberties.
(4) An Assistant Secretary for the Countering Weapons
of Mass Destruction Office.
(5) Any Director of a Joint Task Force under section
708.
(6) A Chief Medical Officer.
(e) Chief Financial Officer.--There shall be in the
Department a Chief Financial Officer, as provided in chapter 9
of title 31, United States Code.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
(g) Vacancies.--
(1) Absence, disability, or vacancy of secretary or
deputy secretary.--Notwithstanding chapter 33 of title
5, United States Code, the Under Secretary for
Management shall serve as the Acting Secretary if by
reason of absence, disability, or vacancy in office,
neither the Secretary nor Deputy Secretary is available
to exercise the duties of the Office of the Secretary.
(2) Further order of succession.--Notwithstanding
chapter 33 of title 5, United States Code, the
Secretary may designate such other officers of the
Department in further order of succession to serve as
Acting Secretary.
(3) Notification of vacancies.--The Secretary shall
notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives of
any vacancies that require notification under sections
3345 through 3349d of title 5, United States Code
(commonly known as the ``Federal Vacancies Reform Act
of 1998'').
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 516. DEPARTMENT-WIDE BIODEFENSE REVIEW AND STRATEGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this section, the Secretary, in consultation
with appropriate stakeholders representing Federal, State,
Tribal, territorial, academic, private sector, and
nongovernmental entities, shall conduct a Department-wide
review of biodefense activities and strategies.
(b) Review.--The review required under subsection (a) shall--
(1) 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;
(2) assess how such components and offices coordinate
internally and with public and private partners in the
biodefense enterprise;
(3) identify any policy, resource, capability, or
other gaps in the Department's ability to assess,
prevent, protect against, and respond to biological
threats; and
(4) 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.
(c) Strategy.--Not later than one year after completion of
the review required under subsection (a), the Secretary shall
issue a biodefense strategy for the Department that 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 successor strategy. Such strategy shall--
(1) describe the Department's biodefense mission and
role, as well as how such relates to the biodefense
lines of effort of the Department;
(2) clarify, as necessary, biodefense roles,
responsibilities, and capabilities of the Department's
components and offices involved in the biodefense lines
of effort of the Department;
(3) establish how biodefense lines of effort of the
Department are to be coordinated within the Department;
(4) 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
(5) include information relating to--
(A) milestones and performance metrics that
are specific to the Department's biodefense
mission and role described in paragraph (1);
and
(B) implementation of any operational changes
necessary to carry out paragraphs (3) and (4).
(d) Periodic Update.--Beginning not later than five years
after the issuance of the strategy and implementation plans
required under subsection (c) and not less often than once
every five years thereafter, the Secretary shall review and
update, as necessary, such strategy and plans.
* * * * * * *
SEC. [529.] 528. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH
EMERGENCY.
(a) Authorization of Transfer of Equipment.--During a public
health emergency declared by the Secretary of Health and Human
Services under section 319(a) of the Public Health Service Act
(42 U.S.C. 247d(a)), the Secretary, at the request of the
Secretary of Health and Human Services, may transfer to the
Department of Health and Human Services, on a reimbursable
basis, excess personal protective equipment or medically
necessary equipment in the possession of the Department.
(b) Determination by Secretaries.--
(1) In general.--In carrying out this section--
(A) before requesting a transfer under
subsection (a), the Secretary of Health and
Human Services shall determine whether the
personal protective equipment or medically
necessary equipment is otherwise available; and
(B) before initiating a transfer under
subsection (a), the Secretary, in consultation
with the heads of each component within the
Department, shall--
(i) determine whether the personal
protective equipment or medically
necessary equipment requested to be
transferred under subsection (a) is
excess equipment; and
(ii) certify that the transfer of the
personal protective equipment or
medically necessary equipment will not
adversely impact the health or safety
of officers, employees, or contractors
of the Department.
(2) Notification.--The Secretary of Health and Human
Services and the Secretary shall each submit to
Congress a notification explaining the determination
made under subparagraphs (A) and (B), respectively, of
paragraph (1).
(3) Required inventory.--
(A) In general.--The Secretary shall--
(i) acting through the Chief Medical
Officer of the Department, maintain an
inventory of all personal protective
equipment and medically necessary
equipment in the possession of the
Department; and
(ii) make the inventory required
under clause (i) available, on a
continual basis, to--
(I) the Secretary of Health
and Human Services; and
(II) the Committee on
Appropriations and the
Committee on Homeland Security
and Governmental Affairs of the
Senate and the Committee on
Appropriations and the
Committee on Homeland Security
of the House of
Representatives.
(B) Form.--Each inventory required to be made
available under subparagraph (A) shall be
submitted in unclassified form, but may include
a classified annex.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 704. CHIEF HUMAN CAPITAL OFFICER.
(a) In General.--The Chief Human Capital Officer shall report
directly to the Under Secretary for Management.
(b) Responsibilities.--In addition to the responsibilities
set forth in chapter 14 of title 5, United States Code, and
other applicable law, the Chief Human Capital Officer of the
Department shall--
(1) develop and implement strategic workforce
planning policies, including with respect to leader
development and employee engagement, that are
consistent with Government-wide leading principles, in
line with Department strategic human capital goals and
priorities, and informed by best practices within the
Federal Government and the private sector, taking into
account the special requirements of members of the
Armed Forces serving in the Coast Guard;
(2) use performance measures to evaluate, on an
ongoing basis, Department-wide strategic workforce
planning efforts;
(3) develop, improve, and implement policies that, to
the extent practicable, are informed by employee
feedback, including compensation flexibilities
available to Federal agencies where appropriate, to
recruit, hire, train, and retain the workforce of the
Department, in coordination with all components of the
Department;
(4) identify methods for managing and overseeing
human capital programs and initiatives, including
leader development and employee engagement programs, in
coordination with the head of each component of the
Department;
(5) develop a career path framework and create
opportunities for leader development in coordination
with all components of the Department that is informed
by an assessment, carried out by the Chief Human
Capital Officer, of the learning and developmental
needs of employees in supervisory and nonsupervisory
roles across the Department and appropriate workforce
planning initiatives;
(6) lead the efforts of the Department for managing
employee resources, including training and development
opportunities, in coordination with each component of
the Department;
(7) work to ensure the Department is implementing
human capital programs and initiatives and effectively
educating each component of the Department about these
programs and initiatives;
(8) identify and eliminate unnecessary and
duplicative human capital policies and guidance;
(9) maintain a catalogue of available employee
development opportunities, including the Homeland
Security Rotation Program pursuant to section 844,
departmental leadership development programs,
interagency development programs, and other rotational
programs;
(10) ensure that employee discipline and adverse
action programs comply with the requirements of all
pertinent laws, rules, regulations, and Federal
guidance, and ensure due process for employees;
(11) analyze each Department or Government-wide
Federal workforce satisfaction or morale survey not
later than 90 days after the date of the publication of
each such survey and submit to the Secretary such
analysis, including, as appropriate, recommendations to
improve workforce satisfaction or morale within the
Department;
(12) review and approve all component employee
engagement action plans to ensure such plans include
initiatives responsive to the root cause of employee
engagement challenges, as well as outcome-based
performance measures and targets to track the progress
of such initiatives;
(13) provide input concerning the hiring and
performance of the Chief Human Capital Officer or
comparable official in each component of the
Department; and
(14) ensure that all employees of the Department are
informed of their rights and remedies under chapters 12
and 23 of title 5, United States Code.
(c) Component Strategies.--
(1) In general.--Each component of the Department
shall, in coordination with the Chief Human Capital
Officer of the Department, develop a 5-year workforce
strategy for the component that will support the goals,
objectives, and performance measures of the Department
for determining the proper balance of Federal employees
and private labor resources.
(2) Strategy requirements.--In developing the
strategy required under paragraph (1), each component
shall consider the effect on human resources associated
with creating additional Federal full-time equivalent
positions, converting private contractors to Federal
employees, or relying on the private sector for goods
and services.
(d) Chief Learning and Engagement Officer.--The Chief Human
Capital Officer may designate an employee of the Department to
serve as a Chief Learning and Engagement Officer to assist the
Chief Human Capital Officer in carrying out this section.
(e) Annual Submission.--Not later than 90 days after the date
on which the Secretary submits the annual budget justification
for the Department, the Secretary shall submit to the
congressional homeland security committees a report that
includes a table, delineated by component with actual and
enacted amounts, including--
(1) information on the progress within the Department
of fulfilling the workforce strategies developed under
subsection (c);
(2) information on employee development opportunities
catalogued pursuant to paragraph (9) of subsection (b)
and any available data on participation rates,
attrition rates, and impacts on retention and employee
satisfaction;
(3) information on the progress of Departmentwide
strategic workforce planning efforts as determined
under paragraph (2) of subsection (b);
(4) information on the activities of the steering
committee established pursuant to [section 711(a)]
section 710(a), including the number of meetings, types
of materials developed and distributed, and
recommendations made to the Secretary;
(5) the number of on-board staffing for Federal
employees from the prior fiscal year;
(6) the total contract hours submitted by each prime
contractor as part of the service contract inventory
required under section 743 of the Financial Services
and General Government Appropriations Act, 2010
(division C of Public Law 111-117; 31 U.S.C. 501 note);
and
(7) the number of full-time equivalent personnel
identified under the Intergovernmental Personnel Act of
1970 (42 U.S.C. 4701 et seq.).
(f) Limitation.--Nothing in this section overrides or
otherwise affects the requirements specified in section 888.
* * * * * * *
SEC. [711.] 710. EMPLOYEE ENGAGEMENT.
(a) Steering Committee.--Not later than 120 days after the
date of the enactment of this section, the Secretary shall
establish an employee engagement steering committee, including
representatives from operational components, headquarters, and
field personnel, including supervisory and nonsupervisory
personnel, and employee labor organizations that represent
Department employees, and chaired by the Under Secretary for
Management, to carry out the following activities:
(1) Identify factors that have a negative impact on
employee engagement, morale, and communications within
the Department, such as perceptions about limitations
on career progression, mobility, or development
opportunities, collected through employee feedback
platforms, including through annual employee surveys,
questionnaires, and other communications, as
appropriate.
(2) Identify, develop, and distribute initiatives and
best practices to improve employee engagement, morale,
and communications within the Department, including
through annual employee surveys, questionnaires, and
other communications, as appropriate.
(3) Monitor efforts of each component to address
employee engagement, morale, and communications based
on employee feedback provided through annual employee
surveys, questionnaires, and other communications, as
appropriate.
(4) Advise the Secretary on efforts to improve
employee engagement, morale, and communications within
specific components and across the Department.
(5) Conduct regular meetings and report, not less
than once per quarter, to the Under Secretary for
Management, the head of each component, and the
Secretary on Departmentwide efforts to improve employee
engagement, morale, and communications.
(b) Action Plan; Reporting.--The Secretary, acting through
the Chief Human Capital Officer, shall--
(1) not later than 120 days after the date of the
establishment of the employee engagement steering
committee under subsection (a), issue a Departmentwide
employee engagement action plan, reflecting input from
the steering committee and employee feedback provided
through annual employee surveys, questionnaires, and
other communications in accordance with paragraph (1)
of such subsection, to execute strategies to improve
employee engagement, morale, and communications within
the Department; and
(2) require the head of each component to--
(A) develop and implement a component-
specific employee engagement plan to advance
the action plan required under paragraph (1)
that includes performance measures and
objectives, is informed by employee feedback
provided through annual employee surveys,
questionnaires, and other communications, as
appropriate, and sets forth how employees and,
where applicable, their labor representatives
are to be integrated in developing programs and
initiatives;
(B) monitor progress on implementation of
such action plan; and
(C) provide to the Chief Human Capital
Officer and the steering committee quarterly
reports on actions planned and progress made
under this paragraph.
(c) Termination.--This section shall terminate on the date
that is five years after the date of the enactment of this
section.
SEC. [712.] 711. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--The Secretary may establish an annual
employee award program to recognize Department employees or
groups of employees for significant contributions to the
achievement of the Department's goals and missions. If such a
program is established, the Secretary shall--
(1) establish within such program categories of
awards, each with specific criteria, that emphasize
honoring employees who are at the nonsupervisory level;
(2) publicize within the Department how any employee
or group of employees may be nominated for an award;
(3) establish an internal review board comprised of
representatives from Department components,
headquarters, and field personnel to submit to the
Secretary award recommendations regarding specific
employees or groups of employees;
(4) select recipients from the pool of nominees
submitted by the internal review board under paragraph
(3) and convene a ceremony at which employees or groups
of employees receive such awards from the Secretary;
and
(5) publicize such program within the Department.
(b) Internal Review Board.--The internal review board
described in subsection (a)(3) shall, when carrying out its
function under such subsection, consult with representatives
from operational components and headquarters, including
supervisory and nonsupervisory personnel, and employee labor
organizations that represent Department employees.
(c) Rule of Construction.--Nothing in this section may be
construed to authorize additional funds to carry out the
requirements of this section or to require the Secretary to
provide monetary bonuses to recipients of an award under this
section.
SEC. [713.] 712. ACQUISITION PROFESSIONAL CAREER PROGRAM.
(a) Establishment.--There is established in the Department an
acquisition professional career program to develop a cadre of
acquisition professionals within the Department.
(b) Administration.--The Under Secretary for Management shall
administer the acquisition professional career program
established pursuant to subsection (a).
(c) Program Requirements.--The Under Secretary for Management
shall carry out the following with respect to the acquisition
professional career program.
(1) Designate the occupational series, grades, and
number of acquisition positions throughout the
Department to be included in the program and manage
centrally such positions.
(2) Establish and publish on the Department's website
eligibility criteria for candidates to participate in
the program.
(3) Carry out recruitment efforts to attract
candidates--
(A) from institutions of higher education,
including such institutions with established
acquisition specialties and courses of study,
historically Black colleges and universities,
and Hispanic-serving institutions;
(B) with diverse work experience outside of
the Federal Government; or
(C) with military service.
(4) Hire eligible candidates for designated positions
under the program.
(5) Develop a structured program comprised of
acquisition training, on-the-job experience,
Department-wide rotations, mentorship, shadowing, and
other career development opportunities for program
participants.
(6) Provide, beyond required training established for
program participants, additional specialized
acquisition training, including small business
contracting and innovative acquisition techniques
training.
(d) Reports.--Not later than one year after the date of the
enactment of this section, and annually thereafter through
2027, the Secretary shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report on the acquisition professional career program. Each
such report shall include the following information:
(1) The number of candidates approved for the
program.
(2) The number of candidates who commenced
participation in the program, including generalized
information on such candidates' backgrounds with
respect to education and prior work experience, but not
including personally identifiable information.
(3) A breakdown of the number of participants hired
under the program by type of acquisition position.
(4) A list of Department components and offices that
participated in the program and information regarding
length of time of each program participant in each
rotation at such components or offices.
(5) Program attrition rates and post-program
graduation retention data, including information on how
such data compare to the prior year's data, as
available.
(6) The Department's recruiting efforts for the
program.
(7) The Department's efforts to promote retention of
program participants.
(e) Definitions.--In this section:
(1) Hispanic-serving institution.--The term
``Hispanic-serving institution'' has the meaning given
such term in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a).
(2) Historically black colleges and universities.--
The term ``historically Black colleges and
universities'' has the meaning given the term ``part B
institution'' in section 322(2) of Higher Education Act
of 1965 (20 U.S.C. 1061(2)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning
given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
* * * * * * *
TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
* * * * * * *
SEC. 1900A. RULE OF CONSTRUCTION.
Nothing in this title may be construed as affecting in any
manner or respect the operation of the Chemical Facility Anti-
Terrorism Standards Program of the Cybersecurity and
Infrastructure Security Agency or title XXI.
Subtitle A--Countering Weapons of Mass Destruction Office
SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) Establishment.--There is established in the Department a
Countering Weapons of Mass Destruction Office.
(b) Assistant Secretary.--The Office shall be headed by an
Assistant Secretary for the Countering Weapons of Mass
Destruction Office, who shall be appointed by the President.
(c) Responsibilities.--The Assistant Secretary shall [serve
as the Secretary's principal advisor on]--
[(1) weapons of mass destruction matters and
strategies; and
[(2) coordinating the efforts of the Department to
counter weapons of mass destruction.]
(1) serve as the Secretary's principal advisor on
matters and strategies relating to--
(A) countering weapons of mass destruction;
and
(B) non-medical aspects of chemical,
biological, radiological, and nuclear threats,
and non-conventional emerging terrorism
threats;
(2) coordinate the efforts of the Department to
counter--
(A) weapons of mass destruction;
(B) non-medical aspects of chemical,
biological, radiological, and nuclear threats;
and
(C) other related emerging terrorism threats;
and
(3) enhance the ability of Federal, State, local,
Tribal, and territorial partners to prevent, detect,
protect against, and mitigate the impacts of terrorist
attacks in the United States involving--
(A) weapons of mass destruction; or
(B) non-medical aspects of chemical,
biological, radiological, and nuclear threats,
and non-conventional emerging terrorism
threats.
(d) Details.--The Secretary may request that the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Attorney General, the Nuclear Regulatory Commission, and the
heads of other Federal agencies, including elements of the
intelligence community, provide for the reimbursable detail of
personnel with relevant expertise to the Office.
[(e) Termination.--The Office shall terminate on the date
that is 5 years after the date of the enactment of the
Countering Weapons of Mass Destruction Act of 2018.]
Subtitle B--Mission of the Office
SEC. 1921. MISSION OF THE OFFICE.
[The Office shall be responsible for coordinating with other
Federal efforts and developing a strategy and policy for the
Department to plan for, detect, and protect against the
importation, possession, storage, transportation, development,
or use of unauthorized chemical, biological, radiological, or
nuclear materials, devices, or agents in the United States and
to protect against an attack using such materials, devices, or
agents against the people, territory, or interests of the
United States.] The Office shall be responsible for--
(1) coordinating the Department's efforts and with
other Federal Departments and agencies to counter
weapons of mass destruction and non-medical aspects of
chemical, biological, radiological, and nuclear
threats, and non-conventional emerging terrorism
threats; and
(2) enhancing the ability of Federal, State, local,
Tribal, and territorial partners to prevent, detect,
protect against, and mitigate the impacts of--
(A) weapons of mass destruction; and
(B) non-medical aspects of chemical,
biological, radiological, and nuclear threats,
and non-conventional emerging terrorism
threats.
* * * * * * *
SEC. 1923. RESPONSIBILITIES.
(a) Mission.--The Office shall be responsible for
coordinating Federal efforts to detect and protect against the
unauthorized importation, possession, storage, transportation,
development, or use of a nuclear explosive device, fissile
material, or radiological material in the United States, and to
protect against attack using such devices or materials against
the people, territory, or interests of the United States and,
to this end, shall--
(1) serve as the primary entity of the United States
Government to further develop, acquire, and support the
deployment of an enhanced domestic system to detect and
report on attempts to import, possess, store,
transport, develop, or use an unauthorized nuclear
explosive device, fissile material, or radiological
material in the United States, and improve that system
over time;
(2) enhance and coordinate the nuclear detection
efforts of Federal, State, local, and tribal
governments and the private sector to ensure a managed,
coordinated response;
(3) establish, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Energy,
additional protocols and procedures for use within the
United States to ensure that the detection of
unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported
to the Attorney General, the Secretary, the Secretary
of Defense, the Secretary of Energy, and other
appropriate officials or their respective designees for
appropriate action by law enforcement, military,
emergency response, or other authorities;
(4) develop, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, an enhanced global nuclear
detection architecture with implementation under
which--
(A) the Office will be responsible for the
implementation of the domestic portion of the
global architecture;
(B) the Secretary of Defense will retain
responsibility for implementation of Department
of Defense requirements within and outside the
United States; and
(C) the Secretary of State, the Secretary of
Defense, and the Secretary of Energy will
maintain their respective responsibilities for
policy guidance and implementation of the
portion of the global architecture outside the
United States, which will be implemented
consistent with applicable law and relevant
international arrangements;
(5) ensure that the expertise necessary to accurately
interpret detection data is made available in a timely
manner for all technology deployed by the Office to
implement the global nuclear detection architecture;
(6) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and
transformational program of research and development to
generate and improve technologies to detect and prevent
the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive
device or fissile or radiological material, and
coordinate with the Under Secretary for Science and
Technology on basic and advanced or transformational
research and development efforts relevant to the
mission of both organizations;
(7) carry out a program to test and evaluate
technology for detecting a nuclear explosive device and
fissile or radiological material, in coordination with
the Secretary of Defense and the Secretary of Energy,
as appropriate, and establish performance metrics for
evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or
material--
(A) under realistic operational and
environmental conditions; and
(B) against realistic adversary tactics and
countermeasures;
(8) support and enhance the effective sharing and use
of appropriate information generated by the
intelligence community, law enforcement agencies,
counterterrorism community, other government agencies,
and foreign governments, as well as provide appropriate
information to such entities;
(9) further enhance and maintain continuous awareness
by analyzing information from all Office mission-
related detection systems;
(10) lead the development and implementation of the
national strategic five-year plan for improving the
nuclear forensic and attribution capabilities of the
United States required under section 1036 of the
National Defense Authorization Act for Fiscal Year
2010;
(11) establish, within the Office, the National
Technical Nuclear Forensics Center to provide
centralized stewardship, planning, assessment, gap
analysis, exercises, improvement, and integration for
all Federal nuclear forensics and attribution
activities--
(A) to ensure an enduring national technical
nuclear forensics capability to strengthen the
collective response of the United States to
nuclear terrorism or other nuclear attacks; and
(B) to coordinate and implement the national
strategic five-year plan referred to in
paragraph (10);
(12) establish a National Nuclear Forensics Expertise
Development Program, which--
(A) is devoted to developing and maintaining
a vibrant and enduring academic pathway from
undergraduate to post-doctorate study in
nuclear and geochemical science specialties
directly relevant to technical nuclear
forensics, including radiochemistry,
geochemistry, nuclear physics, nuclear
engineering, materials science, and analytical
chemistry;
(B) shall--
(i) make available for undergraduate
study student scholarships, with a
duration of up to 4 years per student,
which shall include, if possible, at
least 1 summer internship at a national
laboratory or appropriate Federal
agency in the field of technical
nuclear forensics during the course of
the student's undergraduate career;
(ii) make available for doctoral
study student fellowships, with a
duration of up to 5 years per student,
which shall--
(I) include, if possible, at
least 2 summer internships at a
national laboratory or
appropriate Federal agency in
the field of technical nuclear
forensics during the course of
the student's graduate career;
and
(II) require each recipient
to commit to serve for 2 years
in a post-doctoral position in
a technical nuclear forensics-
related specialty at a national
laboratory or appropriate
Federal agency after
graduation;
(iii) make available to faculty
awards, with a duration of 3 to 5 years
each, to ensure faculty and their
graduate students have a sustained
funding stream; and
(iv) place a particular emphasis on
reinvigorating technical nuclear
forensics programs while encouraging
the participation of undergraduate
students, graduate students, and
university faculty from historically
Black colleges and universities,
Hispanic-serving institutions, Tribal
Colleges and Universities, Asian
American and Native American Pacific
Islander-serving institutions, Alaska
Native-serving institutions, and
Hawaiian Native-serving institutions;
and
(C) shall--
(i) provide for the selection of
individuals to receive scholarships or
fellowships under this section through
a competitive process primarily on the
basis of academic merit and the nuclear
forensics and attribution needs of the
United States Government;
(ii) provide for the setting aside of
up to 10 percent of the scholarships or
fellowships awarded under this section
for individuals who are Federal
employees to enhance the education of
such employees in areas of critical
nuclear forensics and attribution needs
of the United States Government, for
doctoral education under the
scholarship on a full-time or part-time
basis;
(iii) provide that the Secretary may
enter into a contractual agreement with
an institution of higher education
under which the amounts provided for a
scholarship under this section for
tuition, fees, and other authorized
expenses are paid directly to the
institution with respect to which such
scholarship is awarded;
(iv) require scholarship recipients
to maintain satisfactory academic
progress; and
(v) require that--
(I) a scholarship recipient
who fails to maintain a high
level of academic standing, as
defined by the Secretary, who
is dismissed for disciplinary
reasons from the educational
institution such recipient is
attending, or who voluntarily
terminates academic training
before graduation from the
educational program for which
the scholarship was awarded
shall be liable to the United
States for repayment within 1
year after the date of such
default of all scholarship
funds paid to such recipient
and to the institution of
higher education on the behalf
of such recipient, provided
that the repayment period may
be extended by the Secretary if
the Secretary determines it
necessary, as established by
regulation; and
(II) a scholarship recipient
who, for any reason except
death or disability, fails to
begin or complete the post-
doctoral service requirements
in a technical nuclear
forensics-related specialty at
a national laboratory or
appropriate Federal agency
after completion of academic
training shall be liable to the
United States for an amount
equal to--
(aa) the total amount
of the scholarship
received by such
recipient under this
section; and
(bb) the interest on
such amounts which
would be payable if at
the time the
scholarship was
received such
scholarship was a loan
bearing interest at the
maximum legally
prevailing rate;
(13) serve as the primary entity within the
Department responsible for developing, acquiring,
deploying, supporting, and operating a national
biosurveillance system in support of Federal, State,
local, Tribal, and territorial governments;
(14) support the enhancement of 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 among such entities;
(15) collaborate with relevant Federal stakeholders,
and receive input from industry, academia, and the
national laboratories regarding chemical and biological
surveillance efforts;
(16) carry out a program to test and evaluate, in
consultation with the Science and Technology
Directorate and, as appropriate, State, local, Tribal,
and territorial partners, and in coordination with
other relevant Federal agencies, technology to detect
and report on chemical, biological, radiological, and
nuclear weapons or unauthorized material for use by the
Department and such partners, and establish performance
metrics to evaluate the effectiveness of individual
detectors and detection systems in detecting such
weapons or material--
(A) under realistic operational and
environmental conditions; and
(B) against realistic adversary tactics and
countermeasures;
(17) conduct, support, coordinate, and encourage, in
consultation with State, local, Tribal, and territorial
partners, and in coordination with the Science and
Technology Directorate, transformational research and
development efforts to generate new technologies to
detect, protect against, and report on the illicit
entry across the United States borders, or the
transport, assembly, or use within the United States of
chemical, biological, radiological, and nuclear weapons
or unauthorized material;
(18) support and enhance the effective sharing and
use of appropriate information regarding chemical,
biological, radiological, and nuclear threats and non-
conventional emerging terrorism threats generated by
elements of the intelligence community (as such term is
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 such entities;
[(13)] (19) provide an annual report to Congress on
the activities carried out under paragraphs (10), (11),
and (12); and
[(14)] (20) perform other duties as assigned by the
Secretary.
(b) Definitions.--In this section:
(1) Alaska native-serving institution.--The term
``Alaska Native-serving institution'' has the meaning
given the term in section 317 of the Higher Education
Act of 1965 (20 U.S.C. 1059d).
(2) Asian american and native american pacific
islander-serving institution.--The term ``Asian
American and Native American Pacific Islander-serving
institution'' has the meaning given the term in section
320 of the Higher Education Act of 1965 (20 U.S.C.
1059g).
(3) Hawaiian native-serving institution.--The term
``Hawaiian native-servinginstitution'' has the meaning
given the term in section 317 of the Higher Education
Act of 1965 (20 U.S.C. 1059d).
(4) Hispanic-serving institution.--The term
``Hispanic-serving institution'' has the meaning given
that term in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a).
(5) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
(6) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given that term
in section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c(b)).
SEC. 1924. HIRING AUTHORITY.
In hiring personnel for the Office, the Secretary shall have
the hiring and management authorities provided in [section 1101
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (5 U.S.C. 3104 note)] section 4092 of title
10, United States Code, except that such authorities shall be
limited to facilitate the recruitment of experts in the
chemical, biological, radiological, or nuclear specialties.
[The term of appointments for employees under subsection (c)(1)
of such section may not exceed 5 years before granting any
extension under subsection (c)(2) of such section.]
* * * * * * *
SEC. 1928. SECURING THE CITIES PROGRAM.
(a) Establishment.--The Secretary, through the Assistant
Secretary, shall establish a program, to be known as the
``Securing the Cities'' or ``STC'' program, to enhance the
ability of the United States to detect and prevent terrorist
attacks and other high-consequence events utilizing nuclear or
other radiological materials that pose a high risk to homeland
security in high-risk urban areas.
(b) Elements.--Through the STC program the Secretary shall--
(1) assist State, local, Tribal, and territorial
governments in designing and implementing, or enhancing
existing, architectures for coordinated and integrated
detection and interdiction of nuclear or other
radiological materials that are out of regulatory
control;
(2) support the development of an operating
capability to detect and report on nuclear and other
radiological materials out of regulatory control;
(3) provide resources to enhance detection, analysis,
communication, and coordination to better integrate
State, local, Tribal, and territorial assets into
Federal operations;
(4) facilitate alarm adjudication and provide subject
matter expertise and technical assistance on concepts
of operations, training, exercises, and alarm response
protocols;
(5) communicate with, and promote sharing of
information about the presence or detection of nuclear
or other radiological materials among appropriate
Federal, State, local, Tribal, and territorial
government agencies, in a manner that ensures
transparency with the jurisdictions designated under
subsection (c);
(6) provide augmenting resources, as appropriate, to
enable State, local, Tribal, and territorial
governments to sustain and refresh their capabilities
developed under the STC program;
(7) monitor expenditures under the STC program and
track performance in meeting the goals of the STC
program; and
(8) provide any other assistance the Secretary
determines appropriate.
(c) Designation of Jurisdictions.--
(1) In general.--In carrying out the STC program
under subsection (a), the Secretary shall designate
jurisdictions [from among high-risk urban areas under
section 2003] 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.
(2) Congressional notification.--The Secretary shall
notify the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on
Appropriations of the Senate not later than 3 days
before the designation of a new jurisdiction under
paragraph (1) or any change to a jurisdiction
previously designated under that paragraph.
[(d) Accountability.--
[(1) Implementation plan.--
[(A) In general.--The Secretary shall
develop, in consultation with relevant
stakeholders, an implementation plan for
carrying out the STC program that includes--
[(i) a discussion of the goals of the
STC program and a strategy to achieve
those goals;
[(ii) performance metrics and
milestones for the STC program;
[(iii) measures for achieving and
sustaining capabilities under the STC
program; and
[(iv) costs associated with achieving
the goals of the STC program.
[(B) Submission to congress.--Not later than
one year after the date of the enactment of the
Countering Weapons of Mass Destruction Act of
2018, the Secretary shall submit to the
appropriate congressional committees and the
Comptroller General of the United States the
implementation plan required by subparagraph
(A).
[(2) Report required.--Not later than one year after
the submission of the implementation plan under
paragraph (1)(B), the Secretary shall submit to the
appropriate congressional committees and the
Comptroller General a report that includes--
[(A) an assessment of the effectiveness of
the STC program, based on the performance
metrics and milestones required by paragraph
(1)(A)(ii); and
[(B) proposals for any changes to the STC
program, including an explanation of how those
changes align with the strategy and goals of
the STC program and, as appropriate, address
any challenges faced by the STC program.
[(3) Comptroller general review.--Not later than 18
months after the submission of the report required by
paragraph (2), the Comptroller General of the United
States shall submit to the appropriate congressional
committees a report evaluating the implementation plan
required by paragraph (1) and the report required by
paragraph (2), including an assessment of progress made
with respect to the performance metrics and milestones
required by paragraph (1)(A)(ii) and the sustainment of
the capabilities of the STC program.
[(4) Briefing and submission requirements.--Before
making any changes to the structure or requirements of
the STC program, the Assistant Secretary shall--
[(A) consult with the appropriate
congressional committees; and
[(B) provide to those committees--
[(i) a briefing on the proposed
changes, including a justification for
the changes;
[(ii) documentation relating to the
changes, including plans, strategies,
and resources to implement the changes;
and
[(iii) an assessment of the effect of
the changes on the capabilities of the
STC program, taking into consideration
previous resource allocations and
stakeholder input.]
(d) Report.--Not later than two years after the date of
enactment of the Health Security and Countering Weapons of Mass
Destruction, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report regarding the STC program.
SEC. 1929. COUNTERING WEAPONS OF MASS DESTRUCTION ADVISORY COMMITTEE.
(a) Establishment.--There is established in the Office a
Countering Weapons of Mass Destruction Advisory Committee (in
this section referred to as the ``Advisory Committee''). The
Advisory Committee shall make recommendations with respect to
the activities of the Office.
(b) Membership.--The Assistant Secretary shall appoint not
more than 18 individuals to serve as members of the Advisory
Committee. Such individuals shall represent, to the extent
practicable, a geographic (including urban and rural) and
substantive cross section of officials from State, local, and
Tribal governments, academia, the private sector, and
nongovernmental organizations. The Assistant Secretary shall
seek to ensure one-third of the members are selected from the
emergency management field and emergency response providers and
State, local, and Tribal government officials. The Assistant
Secretary shall seek to ensure the remaining members are--
(1) individuals from the public or private sectors
with expertise in chemical, biological, radiological,
or nuclear agents and weapons;
(2) representatives from the national laboratories;
and
(3) such other individuals as the Assistant Secretary
determines appropriate.
(c) Responsibilities.--The Advisory Committee shall--
(1) advise the Assistant Secretary on all aspects of
countering weapons of mass destruction;
(2) 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
(3) establish performance criteria for a national
biological detection system and review any associated
testing protocols for biological detection prototypes.
(d) Consultation.--The Assistant Secretary shall regularly
consult and work with the Advisory Committee regarding the
Office's activities, including with respect to activities
associated with the administration of Federal assistance
provided by the Department, and the development of requirements
for countering weapons of mass destruction programs.
(e) Voluntary Service and Terms.--The members of the Advisory
Committee shall serve on the Advisory Committee on a voluntary
basis. Members of may serve for up to three consecutive years,
but a member appointed to fill a vacancy occurring before the
expiration of the term for which such member's predecessor was
appointed may be appointed for the remainder of such term.
(f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Advisory Committee.
[Subtitle C--Chief Medical Officer]
* * * * * * *
TITLE XXIII-- OFFICE OF HEALTH SECURITY
[SEC. 1931. CHIEF MEDICAL OFFICER.]
SEC. 2301. OFFICE OF HEALTH SECURITY.
[(a) In General.--There is in the Office a Chief Medical
Officer, who shall be appointed by the President. The Chief
Medical Officer shall report to the Assistant Secretary.
[(b) Qualifications.--The individual appointed as Chief
Medical Officer shall be a licensed physician possessing a
demonstrated ability in and knowledge of medicine and public
health.]
(a) In General.--There is in the Department an Office of
Health Security.
(b) Head of Office of Health Security.--
(1) In general.--The Office of Health Security shall
be headed by a Chief Medical Officer (in this title
referred to as the ``Chief Medical Officer''), who
shall be at the level of Assistant Secretary within the
Department.
(2) Qualifications; duties.--The Chief Medical
Officer shall--
(A) be appointed by the President pursuant to
section 103(d);
(B) be a licensed physician possessing a
demonstrated ability in and knowledge of
medicine and public health; and
(C) report directly to the Secretary.
(c) Responsibilities.--The Chief Medical Officer shall have
the responsibility within the Department for [medical issues
related to natural disasters, acts of terrorism, and other man-
made disasters, including--] medical, public health, and
workforce health and safety matters, including issues related
to--
(1) serving as the principal advisor on medical and
public health issues to [the Secretary, the
Administrator of the Federal Emergency Management
Agency, the Assistant Secretary, and other Department
officials] the Secretary and all other Department
officials;
(2) providing operational medical support to all
components of the Department;
(3) as appropriate, providing medical liaisons to the
components of the Department, on a reimbursable basis,
to provide subject matter expertise on operational
medical issues;
(4) coordinating with Federal, State, local, and
Tribal governments, the medical community, and others
within and outside the Department, including the
Centers for Disease Control and Prevention and the
Office of the Assistant Secretary for Preparedness and
Response of the Department of Health and Human
Services, with respect to medical and public health
matters; [and]
(5) delivering, advising, and supporting--
(A) direct patient care; and
(B) the organization, management, and
staffing of component operations that deliver
direct patient care;
(6) advising the Secretary and the head of each
component of the Department that delivers direct
patient care regarding--
(A) knowledge and skill standards for medical
personnel and the assessment of such knowledge
and skill;
(B) the collection, storage, and oversight of
medical records; and
(C) contracts for the delivery of direct
patient care, other medical services, and
medical supplies;
(7) 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, or, as the case may be, the employee
who functions in the capacity of a component chief
medical officer;
(8) with respect to preparation and response for
pandemics, ensuring the protection of the workforce of
the Department, with an emphasis on front line workers
most at risk, through--
(A) health security planning; and
(B) provision of subject matter and planning
expertise to the Chief Readiness Support
Officer of the Department regarding stockpiling
and distribution of supplies, including
adequate personal protective equipment;
(9) with respect to any psychological health
counseling or assistance program of the Department,
including such a program of a law enforcement,
operational, or support component of the Department,
advising the head of each such component with such a
program regarding--
(A) ensuring such program includes safeguards
against adverse action, including automatic
referrals for a fitness for duty examination,
by such component with respect to any employee
solely because such employee self-identifies a
need for psychological health counseling or
assistance or receives such counseling or
assistance;
(B) increasing the availability and number of
local psychological health professionals with
experience providing psychological support
services to personnel;
(C) establishing a behavioral health
curriculum for employees at the beginning of
their careers to provide resources early
regarding the importance of psychological
health;
(D) establishing periodic management training
on crisis intervention and such component's
psychological health counseling or assistance
program;
(E) improving any associated existing
employee peer support programs, including by
making additional training and resources
available for peer support personnel in the
workplace across such component;
(F) developing and implementing a voluntary
alcohol treatment program that includes a safe
harbor for employees who seek treatment;
(G) prioritizing, as appropriate, expertise
in the provision of psychological health
counseling and assistance for certain
populations of the workforce, such as employees
serving in positions within law enforcement, to
help improve outcomes for such employees
receiving such counseling or assistance; and
(H) including 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
components of the Department regarding the
collection, storage, and oversight of medical
records; and
[(5)] (11) performing such other duties relating to
such responsibilities as the Secretary may require.
(d) Assistance and Agreements.--In furtherance of this
section, the Chief Medical Officer, at the direction of the
Secretary, may--
(1) provide technical assistance, training,
information, and distribute funds through grants and
cooperative agreements to State, local, Tribal, and
territorial governments, and nongovernmental
organizations;
(2) enter into agreements with appropriate Federal
departments and other executive agencies; and
(3) accept services from personnel of components of
the Department and appropriate Federal departments and
other executive agencies on a reimbursable or
nonreimbursable basis.
(e) Office of Health Security Privacy Officer.--
(1) In general.--There shall be a Privacy Officer of
the Office of Health Security, designated by the Chief
Medical Officer in consultation with the Privacy
Officer of the Department, with primary responsibility
for privacy policy and compliance within the Office and
with respect to the carrying out of responsibilities
described in subsection (c).
(2) Duties.--The Privacy Officer of the Office of
Health Security shall--
(A) report directly to the Chief Medical
Officer;
(B) coordinate with and, as requested,
support the activities of the Privacy Officer
appointed under section 222; and
(C) ensure privacy protections are integrated
into all activities of the Office of Health
Security, subject to the review and approval of
the Privacy Officer of the Department.
(f) Annual Report.--Not later than one year after the date of
the enactment of this subsection and annually thereafter, the
Chief Medical Officer shall submit to Congress a report on the
activities of the Office of Health Security for the immediately
preceding year.
SEC. [710.] 2302. WORKFORCE HEALTH AND MEDICAL SUPPORT.
(a) In General.--The [Under Secretary for Management] Chief
Medial Officer shall be responsible for workforce-focused
health and medical activities of the Department. The [Under
Secretary for Management] Chief Medial Officer may further
delegate responsibility for those activities, as appropriate.
(b) Responsibilities.--The [Under Secretary for Management,
in coordination with the Chief Medical Officer,] Chief Medial
Officer shall--
(1) provide oversight and coordinate the medical and
health activities of the Department for the human and
animal personnel of the Department;
(2) establish medical, health, veterinary, and
occupational health exposure policy, guidance,
strategies, and initiatives for the human and animal
personnel of the Department;
(3) [as deemed appropriate by the Under Secretary,]
provide medical liaisons to the components of the
Department, on a reimbursable basis, to provide subject
matter expertise on occupational medical and public
health issues;
(4) serve as the primary representative for the
Department on agreements regarding the detail of
Commissioned Corps officers of the Public Health
Service of the Department of Health and Human Services
to the Department, except that components of the
Department shall retain authority for funding,
determination of specific duties, and supervision of
such detailed Commissioned Corps officers; and
(5) perform such other duties relating to the
responsibilities described in this subsection as the
Secretary may require.
SEC. [528.] 2303. COORDINATION OF DEPARTMENT OF HOMELAND SECURITY
EFFORTS RELATED TO FOOD, AGRICULTURE, AND
VETERINARY DEFENSE AGAINST TERRORISM.
(a) Program Required.--The Secretary, acting through the
[Assistant Secretary for the Countering Weapons of Mass
Destruction Office] Chief Medical Officer, shall carry out a
program to coordinate the Department's efforts related to
defending the food, agriculture, and veterinary systems of the
United States against terrorism and other high-consequence
events that pose a high risk to homeland security.
(b) Program Elements.--The coordination program required by
subsection (a) shall include, at a minimum, the following:
(1) Providing oversight and management of the
Department's responsibilities pursuant to Homeland
Security Presidential Directive 9-Defense of United
States Agriculture and Food.
(2) Providing oversight and integration of the
Department's activities related to veterinary public
health, food defense, and agricultural security.
(3) Leading the Department's policy initiatives
relating to food, animal, and agricultural incidents,
and the impact of such incidents on animal and public
health.
(4) Leading the Department's policy initiatives
relating to overall domestic preparedness for and
collective response to agricultural terrorism.
(5) Coordinating with other Department components,
including U.S. Customs and Border Protection, as
appropriate, on activities related to food and
agriculture security and screening procedures for
domestic and imported products.
(6) Coordinating with appropriate Federal departments
and agencies.
(7) Other activities as determined necessary by the
Secretary.
(c) Rule of Construction.--Nothing in this section may be
construed as altering or superseding the authority of the
Secretary of Agriculture or the Secretary of Health and Human
Services.
SEC. [1932.] 2304. MEDICAL COUNTERMEASURES.
(a) In General.--Subject to the availability of
appropriations, the Secretary shall, as appropriate, establish
a medical countermeasures program within the components of the
Department to--
(1) facilitate personnel readiness and protection for
the employees and working animals of the Department in
the event of a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring
disease outbreak, other event impacting health, or
pandemic; and
(2) support the mission continuity of the Department.
(b) Oversight.--The Secretary, acting through the Chief
Medical Officer of the Department, shall--
(1) provide programmatic oversight of the medical
countermeasures program established under subsection
(a); and
(2) develop standards for--
(A) medical countermeasure storage, security,
dispensing, and documentation;
(B) maintaining a stockpile of medical
countermeasures, including antibiotics,
antivirals, antidotes, therapeutics, and
radiological countermeasures, as appropriate;
(C) ensuring adequate partnerships with
manufacturers and executive agencies that
enable advance prepositioning by vendors of
inventories of appropriate medical
countermeasures in strategic locations
nationwide, based on risk and employee density,
in accordance with applicable Federal statutes
and regulations;
(D) providing oversight and guidance
regarding the dispensing of stockpiled medical
countermeasures;
(E) ensuring rapid deployment and dispensing
of medical countermeasures in a chemical,
biological, radiological, nuclear, or
explosives attack, naturally occurring disease
outbreak, other event impacting health, or
pandemic;
(F) providing training to employees of the
Department on medical countermeasures; and
(G) supporting dispensing exercises.
(c) Medical Countermeasures Working Group.--The Secretary,
acting through the Chief Medical Officer of the Department,
shall establish a medical countermeasures working group
comprised of representatives from appropriate components and
offices of the Department to ensure that medical
countermeasures standards are maintained and guidance is
consistent.
(d) Medical Countermeasures Management.--Not later than 120
days after the date on which appropriations are made available
to carry out subsection (a), the Chief Medical Officer shall
develop and submit to the Secretary an integrated logistics
support plan for medical countermeasures, including--
(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and
how frequently such methodology shall be reevaluated;
(2) a replenishment plan; and
(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
(e) Transfer.--Not later than 120 days after the date of
enactment of this section, the Secretary shall transfer all
medical countermeasures-related programmatic and personnel
resources from the Under Secretary for Management to the Chief
Medical Officer.
(f) Stockpile Elements.--In determining the types and
quantities of medical countermeasures to stockpile under
subsection (d), the Secretary, acting through the Chief Medical
Officer of the Department--
(1) shall use a risk-based methodology for evaluating
types and quantities of medical countermeasures
required; and
(2) may use, if available--
(A) chemical, biological, radiological, and
nuclear risk assessments of the Department; and
(B) guidance on medical countermeasures of
the Office of the Assistant Secretary for
Preparedness and Response and the Centers for
Disease Control and Prevention.
(g) Briefing.--Not later than 180 days after the date of
enactment of this section, the Secretary shall provide a
briefing to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives regarding--
(1) the plan developed under subsection (d); and
(2) implementation of the requirements of this
section.
(h) Definition.--In this section, the term ``medical
countermeasures'' means antibiotics, antivirals, antidotes,
therapeutics, radiological countermeasures, and other
countermeasures that may be deployed to protect the employees
and working animals of the Department in the event of a
chemical, biological, radiological, nuclear, or explosives
attack, naturally occurring disease outbreak, other event
impacting health, or pandemic.
[all]