[Senate Report 117-276]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 675

117th Congress }                                            { Report
                                 SENATE
 2d Session    }                                            { 117-276      

_______________________________________________________________________

                                     


                    OFFICES OF COUNTERING WEAPONS OF

            MASS DESTRUCTION AND HEALTH SECURITY ACT OF 2022

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 4465

               TO ESTABLISH A COUNTERING WEAPONS OF MASS
          DESTRUCTION OFFICE AND AN OFFICE OF HEALTH SECURITY
     IN THE DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER PURPOSES
     

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 December 19, 2022.--Ordered to be printed
                 
                               __________

                 U.S. GOVERNMENT PUBLISHING OFFICE

39-010                   WASHINGTON : 2023






        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
                     Laura W. Kilbride, Chief Clerk
                     
                     


                     
                                                       Calendar No. 675

117th Congress }                                            { Report
                                 SENATE
 2d Session    }                                            { 117-276 


======================================================================

 
 OFFICES OF COUNTERING WEAPONS OF MASS DESTRUCTION AND HEALTH SECURITY 
                              ACT OF 2022

                                _______
                                

               December 19, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4465]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4465), to establish 
a Countering Weapons of Mass Destruction Office and an Office 
of Health Security in the Department of Homeland Security, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment, in the nature of a 
substitute, and recommend that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................5
 IV. Section-by-Section Analysis of the Bill, as Reported.............5
  V. Evaluation of Regulatory Impact..................................7
 VI. Congressional Budget Office Cost Estimate........................8
VII. Changes in Existing Law Made by the Bill, as Reported...........10

                         I. Purpose and Summary

    S. 4465, the Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2022, re-authorizes the 
Countering Weapons of Mass Destruction (CWMD) office and 
authorizes the newly created Office of Health Security (OHS) 
within the Department of Homeland Security (DHS). The bill 
better defines the CWMD office's responsibilities, including 
coordination with DHS components and state, local, tribal, and 
territorial entities. The legislation further details specific 
chemical and biological, and nuclear and radiological 
responsibilities that the office should perform. The bill 
authorizes the newly formed OHS and lays out the 
responsibilities of the new office. OHS shall be headed by the 
Chief Medical Officer that will also be a dual appointment as 
the Assistant Secretary for Health Security. Finally, the bill 
includes a number of accountability and oversight measures for 
both the CWMD office and OHS.

              II. Background and Need for the Legislation

    Chemical, biological, radiological, and nuclear (CBRN) 
weapons have the potential to cause mass causalities and 
disruption to society. Technological advances combined with the 
nefarious intent of various groups have increased the risk of 
CBRN weapons being used against the homeland of the United 
States. Furthermore, recent examples of CBRN agent use 
demonstrate the need for an increased ability to prevent, 
detect, and respond to these weapons. CWMD is a national 
security priority that requires engagement at all levels of 
government from the federal government to state, tribal, 
territory, and local entities.
    Chemical weapons have been used in the past decade in 
assassination attempts and on civilian populations. For 
instance, the Assad regime in Syria released the nerve agent 
sarin on its own people, killing more than 1,400 individuals, 
many of them children.\1\ In 2018, it was determined by the 
Organization for the Prohibition of Chemical Weapons that 
Russia was responsible for using a chemical weapon, an advanced 
nerve agent, in an assassination attempt in the United 
Kingdom.\2\ In addition, the United States determined that the 
government of North Korea was responsible for the lethal 2017 
nerve agent attack on Kim Jong Nam, the half-brother of North 
Korean leader Kim Jong-un, in Malaysia. These chemical weapon 
attacks show a growing trend in use by state and non-state 
actors.
---------------------------------------------------------------------------
    \1\United States Department of State, Syria: Either Anniversary of 
the Ghouta Chemical Weapons Attack, Syria: Eighth Anniversary of the 
Ghouta Chemical Weapons Attack--United States Department of State (Aug. 
2021).
    \2\Organization for the Prohibition of Chemical Weapons, Statement 
By H.E. Ambassador Joseph Manso.
    Permanent Representative of the United States of America to the 
OPCW at The Ninety-Sixth Session Of The Executive Council (Mar. 2021).
---------------------------------------------------------------------------
    The United States also faces naturally occurring, 
accidental, and man-made biological threats. Biological weapons 
are any number of disease-causing agents such as bacteria, 
viruses, or toxins that can be used as weapons against humans, 
plants or animals. In Oregon in 1984, the Rajneeshees, a 
religious cult, used Salmonella to poison 751 people 
immediately before an election to prevent people from 
voting.\3\ Public concern over biological terrorism reached 
greater heights in 2001, when a week after the 9/11 attacks, 
weapons grade anthrax was mailed to two Democratic Senators and 
several news media organizations.\4\ These attacks (also 
referred to as Amerithrax) ended up killing 5 people and 
injuring an additional 17 and showed that infectious agents can 
be misused to intentionally harm individuals.\5\ Estimates for 
costs to decontaminate the facilities infected during 
Amerithrax range from $320 million to nearly $800 million.\6\ 
The threat of bioterrorism still remains today and there is 
concern that in addition to terrorist groups developing 
biological weapons in isolation, they may receive help from 
states with suspected biological weapons programs.\7\
---------------------------------------------------------------------------
    \3\TJ Torok, et al., A Large Community Outbreak of Salmonellosis 
Caused by Intentional Contamination of Restaurant Salad Bars, Journal 
of the American Medical Association 278(5): 389-395 (Aug. 1997).
    \4\David A. Rasko, et al, Bacilllus anthracis comparative genome 
analysis in support of the Amerithrax investigation, Proceedings of the 
National Academy of Science 108(12): 5027-5032 (Mar. 2011).
    \5\Id.
    \6\Ketra Chmitt and Nicolas A. Zacchia, Total Decontamination Cost 
of the Anthrax Letter Attacks. Biosecurity and Bioterrorism: Biodefense 
Strategy, Practice, and Science 10(1) (2012). Nuclear Threat 
Initiative, Anthrax Postal Cleanup Cost $800 million, Experts Say 
(www.nti.org/gsn/article/anthrax-postal-cleanup-cost-800-million-
experts-say/) (accessed Oct. 11, 2019).
    \7\Gregory B. Knudson, Nuclear, Biological, and Chemical Training 
in the U.S. Army Reserves: Mitigating Psychological Consequences of 
Weapons of Mass Destruction, Military Medicine 166 Suppl. 2:63 (2001). 
Manfred S. Green, et al., Confronting the threat of bioterrorism: 
realistic, challenges, and defensive strategies, The Lancet Infectious 
Diseases 19(1): e2-e13 (Jan. 2019).
---------------------------------------------------------------------------
    The current war in Ukraine highlights nuclear and 
radiological threats. Recent security threats have raised 
concerns that radioactive materials could be stolen and used in 
a United States domestic attack and according to Nuclear 
Regulatory Commission officials, there exists a general 
credible threat on the malevolent use of radioactive materials 
in the United States.\8\ The International Atomic Energy Agency 
reported 3,068 unauthorized activities and events worldwide 
involving nuclear and radioactive material from 1993 to 2016, 
including incidents of trafficking and malicious use. For 
example, in April 2019, a technician was arrested after 
stealing three radioactive devices from his workplace in 
Arizona. According to a court filing, the technician intended 
to release the radioactive materials at a shopping mall, but 
local police and the Federal Bureau of Investigation (FBI) 
arrested him before he could do so.\9\
---------------------------------------------------------------------------
    \8\Government Accountability Office, Combating Nuclear Terrorism: 
NRC Needs to Take Additional Actions to Ensure the Security of High-
Risk Radioactive Material (GAO-19-468) (Apr. 2019) https://www.gao.gov/
assets/gao-22-105498.pdf.
    \9\Government Accountability Office, Securing of Radioactive 
Materials (GAO-22-105498) (Apr. 2022) https://www.gao.gov/assets/gao-
22-105498.pdf.
---------------------------------------------------------------------------
    The Offices of Countering Weapons of Mass Destruction and 
Health Security Act of 2022 better defines the CWMD office 
responsibilities including coordination with DHS components and 
state, local, tribal, and territorial entities. The office's 
updated responsibilities would include providing expert 
guidance and advice on CBRN and other related emerging threats 
issues across the department. In addition, the office is 
responsible for coordinating with DHS components on the 
development of policies and strategies, providing intelligence 
and information analysis, assessing risks, and funding research 
and development activities. Furthermore, the office will lead 
development and prioritization of the requirements to CWMD as 
well as conduct testing to ensure that technologies meet the 
requirements. The office will also support and enhance 
information sharing with various stakeholders (i.e. law 
enforcement, state, local, tribal and territorial governments) 
to ensure they are better informed of information on chemical, 
biological, radiological, nuclear, and other related emerging 
threats. The legislation further details specific chemical and 
biological responsibilities that the office should perform that 
was seen as a gap in the original authorization.
    The bill also expands the oversight of the CWMD office by 
Congress and independent entities. For instance, the Department 
is tasked with producing and regularly updating a 
Departmentwide strategy to counter weapons of mass destruction 
and chemical, biological, radiological, nuclear, and other 
related emerging threats that will be reported to Congress. In 
addition, the bill requires that the CWMD office produce a 
strategy and implementation plan to continue improving employee 
morale. The legislation also requires that GAO conduct an 
assessment of several aspects of the CWMD office. An advisory 
committee is established to help advise the leadership of the 
CWMD office.
    In response to Congressional concern over the status of 
aerosolized environmental biological detection performed by DHS 
there is a requirement for a Department-wide Biodefense review 
and strategy. Biological detection at DHS includes BioWatch, a 
program established in 2003 to provide early identification of 
an aerosolized biological weapons attack. DHS also has an 
effort called Biological Detection for the 21st Century (BD21) 
with the goal to create a new early identification system that 
reduces the overall time of threat identification. The 
legislation also requires the National Academies of Sciences, 
Engineering, and Medicine to issue a report focused on how to 
improve biosurveillance. The intent of the review, strategy, 
and report by National Academies of Sciences, Engineering, and 
Medicine is for DHS to focus on the best way the Department can 
mitigate the risk of a biological attack on the homeland. This 
could include aerosol biological detection or other means of 
biosurveillance such as waste water epidemiology, symptom 
search trends, or other innovative mechanisms to gather 
information to better determine if there has been a biological 
attack. The legislation leaves the flexibility for DHS to 
discontinue the Biowatch program and/or BD21 if it is 
determined there is a more effective mechanism that DHS could 
use to help reduce the impact of a biological terrorism attack.
    The bill also authorizes the newly formed OHS and lays out 
the responsibilities of the new office. The new OHS was created 
on July 18, 2022 through the Homeland Security Act's section 
872 authority to reorganize the mission of the Chief Medical 
Officer from the CWMD office to report to the Secretary of 
DHS.\10\ OHS was established to make improvements to the 
operating structure with regards to health and safety of 
Department personnel and addressing medical and public health 
issues across the DHS enterprise. The new office is headed by 
the Chief Medical Officer that will also be dual appointment as 
the Assistant Secretary for Health Security and the legislation 
details the qualifications for the position. The office shall 
support medical, public health, and employee safety activities 
of the Department. In addition, the legislation includes 
responsibilities related to psychological health counseling and 
assistance programs of the Department. The bill lays out the 
authority granted to other Departments with regards to 
confidentiality of medical records which protects medical 
records from disclosure in order to enable rapid identification 
of health issues, identify best practices, and develop new 
training. The legislation also provides portability of 
licensure for medical professionals working for DHS so they can 
practice in different locations without requiring a medical 
license in each state. This allows DHS to adopt agile 
telehealth services and have the capability to increase medical 
care in remote and isolated areas. To help ensure proper 
Congressional oversight, the legislation requires that OHS 
write a Departmentwide strategy and implementation plan to 
address health threats and provided a briefing to relevant 
congressional committees on the organizational transformations 
of OHS.
---------------------------------------------------------------------------
    \10\Section 872 of the Homeland Security Act of 2002 gives the 
Secretary of the Department of Homeland Security (DHS) the authority to 
reorganize functions and organizational units within DHS, subject to 
specified limits.
---------------------------------------------------------------------------

                        III. Legislative History

    Chairman Gary Peters (D-MI) and Ranking Member Portman (R-
OH) introduced S. 4465, the Offices of Countering Weapons of 
Mass Destruction and Health Security Act of 2022, on June 23, 
2022. The bill was referred to the Senate Committee on Homeland 
Security and Governmental Affairs.
    The Committee considered S. 4465 at a business meeting on 
August 3, 2022. During the business meeting, a modified 
substitute amendment was offered by Chairman Peters and Ranking 
Member Portman. The modified amendment adds accountability 
measures into the authorization of OHS including a strategy, 
implementation plan, and a briefing on the reorganization of 
the office to ensure they are following best practices. The 
amendment also includes expanded the responsibilities of the 
Office of Health Security to include psychological health 
counseling and assistance programs for the Department. In 
addition, this amendment includes the requirement for the CWMD 
office to perform a review of the Department-wide biodefense 
activities and develop a strategy and implementation plan. This 
amendment also ensures consistent use of terminology to 
describe the different weapons of mass destruction throughout 
the legislation. The modified substitute amendment was adopted 
by voice vote en bloc.
    The bill, as amended by the Peters-Portman modified 
substitute amendment, was ordered reported favorably by voice 
vote en bloc. Senators present for the vote on the bill were: 
Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Lankford, 
Romney, Scott, and Hawley.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title, table of contents

    Subsection (a) designates the name of the bill as the 
``Offices of Countering Weapons of Mass Destruction and Health 
Security Act of 2022.''
    Subsection (b) provides the table of contents for the bill.

         TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

Section 101. Countering weapons of mass destruction office

    This section reauthorizes the CWMD office at DHS, and 
outlines how the bill would amend the Homeland Security Act of 
2002. This section adds language to the Homeland Security Act 
detailing the mission of the CWMD office to coordinate efforts 
across DHS to counter weapons of mass destruction as well as 
chemical, biological, radiological, nuclear, and other related 
emerging threats. The mission of the office also includes 
enhancing the ability of every level of government to prevent, 
detect, and protect against attacks using these threats. The 
legislation also clarifies the CWMD office's responsibilities 
to include providing expertise and guidance to Department 
leadership; identifying, assessing, and prioritizing any gaps 
that DHS has in regards to weapons of mass destruction; and 
lead the development and prioritization of Department 
requirements to CWMD.
    The section states how DHS should work with different DHS 
components. For instance, the CWMD office will work with the 
Office for Strategy, Policy and Plans to lead the development 
of policies and strategies to CWMD. In addition, the CWMD 
office will work with the DHS Office of Intelligence and 
Analysis to provide intelligence and information analysis on 
weapons of mass destruction. Furthermore, the CWMD office will 
work with the Science and Technology Directorate to assess 
risks from weapons of mass destruction and direct, fund, and 
coordinate capability development activities including the 
ability to detect and report these type of threats. The 
legislation calls for the CWMD office to consult with other 
federal agencies as well as state, local, tribal, and 
territorial governments.
    The legislation includes an accountability section that 
requires DHS to produce a Departmentwide strategy for chemical, 
biological, radiological, nuclear, and other related threats, 
as well as a Departmentwide review and strategy specifically 
focused on biodefense. The CWMD office also is required to 
conduct a review of the employee morale and brief the 
appropriate congressional committees on the findings. The 
legislation also includes a study by the National Academies of 
Sciences, Engineering, and Medicine to perform a consensus 
study on the role of DHS in preparing, detecting, and 
responding to biological threats, and recommendations to 
improve biosurveillance efforts. An advisory council is also 
authorized to advise on aspects of countering weapons of mass 
destruction.

Section 102. Rule of construction

    This section states that no amendments made in this title 
shall be construed to affect or diminish the responsibilities 
of the Under Secretary for Science and Technology.

                  TITLE II--OFFICE OF HEALTH SECURITY

Section 201. Office of Health Security

    This section establishes the OHS within DHS. OHS is to be 
headed by the Assistant Secretary for Health Security and the 
Chief Medical Officer of the Department, whose responsibilities 
and qualifications this section provides. Responsibilities of 
the office include overseeing medical and public health 
activities of the Department and advising on the collection, 
storage and oversight of medical records. The OHS office shall 
advise the heads of DHS components that deliver direct patient 
care on the recruitment and appointment of chief medical 
officers as well as psychological health counseling. OHS is 
responsible for a strategy and implementation plan to address 
health threats and a briefing to appropriate congressional 
committees on the creation of the office.

Section 202. Medical countermeasures program

    This section updates the relevant section numbers the 
Homeland Security Act of 2002.

Section 203. Confidentiality of medical quality assurance records

    This section adds new definitions for ``health care 
provider,'' ``medical quality assurance program,'' and 
``medical quality assurance record of the Department'' to Title 
XXIII of the Homeland Security Act of 2002, as added by this 
legislation. It also regulates disclosure and testimony 
regarding a medical quality assurance program. This legislation 
to gain confidentiality of medical quality and assurance 
records is similar to other Federal government agencies that 
provide medical care. This legislation provides authority 
safeguards while protecting medical quality information which 
can be used as a learning system to: (1) Enable rapid 
identification of health care issues; (2) Identify best 
practices and implementation of corrective actions; (3) Develop 
new training curricula; and (4) Assist in the timely detection 
of emerging threats. Privilege and confidential protections are 
a health care industry standard for medical quality and 
assurance records.

Section 204. Portability of licensure

    This section re-designates section 16005 of the Coronavirus 
Aid, Relief, and Economic Security (CARES) CARES Act as section 
2306 of the Homeland Security Act of 2002. Portability of 
licensure is the ability for health-care personnel to legally 
provide care across state boundaries without requiring multiple 
state medical licenses, is critical to appropriate oversight 
and provision of care. DHS's temporary authority for 
portability of licensure, as outlined in Section 16005 of the 
CARES Act, will expire when the Secretary of the Department of 
Health and Human Services (HHS) declares an end to the COVID-19 
pandemic. This legislation extends the language in the CARES 
act for after the COVID-19 pandemic.

Section 205. Technical and conforming amendments

    This section contains technical and conforming amendments 
to the Homeland Security Act of 2002.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 4465, the Offices of 
Countering Weapons of Mass Destruction and Health Security Act 
of 2022.
    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]

    

    The bill would
           Permanently reauthorize the Department of 
        Homeland Security's (DHS) Countering Weapons of Mass 
        Destruction Office (CWMD)
           Create an Office of Health Security (OHS), 
        responsible for all of DHS's medical and public health 
        activities, within the Office of the Secretary
           Protect any medical record created by DHS 
        from disclosure, with certain exceptions, and create 
        new penalties for violating the confidentiality of such 
        a record
           Require new reports from CWMD and the 
        Government Accountability Office
    Estimated budgetary effects would mainly stem from:
           Administrative costs associated with 
        reauthorizing CWMD and complying with new reporting 
        requirements
           Administrative costs for OHS
           Revenues from penalties resulting in the 
        unlawful disclosure of medical records
    Bill Summary: S. 4465 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.
    S. 4465 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. The bill also would protect any 
medical record created by DHS from disclosure, with certain 
exceptions, and create new fines for any individual who 
willfully discloses such a record.
    S. 4465 would create additional reporting requirements, 
including a study from the National Academies of Sciences, 
Engineering and Medicine on DHS's role in preparing for 
biological and health security threats and a Government 
Accountability Office review of CWMD's efforts and 
effectiveness.
    Estimated Federal cost: The estimated budgetary effect of 
S. 4465 is shown in Table 1. The costs of the legislation fall 
within budget function 750 (administration of justice).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 4465
----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, millions of dollars--
                                                              --------------------------------------------------
                                                                2023    2024    2025    2026    2027   2023-2027
----------------------------------------------------------------------------------------------------------------
Office of Countering Weapons of Mass Destruction:
    Estimated Authorization..................................       2     304     413     440     450     1,609
    Estimated Outlays........................................       2      40     137     253     339       771
Office of Health Security:
    Estimated Authorization..................................       0      16      24      25      25        90
    Estimated Outlays........................................       0      11      19      23      25        79
Total Changes:
    Estimated Authorization..................................       2     320     437     464     475     1,699
    Estimated Outlays........................................       2      52     156     276     364       850
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.
CBO estimates that enacting S. 4465 would increase revenues by less than $500,000 over the 2023-2032 period.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of calendar year 2022 and 
that the estimated amounts will be provided for each year.
    Spending subject to appropriation: CBO estimates that 
implementing S. 4465 would require appropriations totaling $1.7 
billion over the 2023-2027 period. Assuming appropriation of 
those amounts, CBO estimates that the bill would cost $850 
million over the same period.
    Office of Countering Weapons of Mass Destruction: 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 reporting requirements in S. 
4465 would cost $3 million over 2023-2027 period. In total, CBO 
estimates that CWMD would incur $771 million in additional 
costs over the 2023-2027 period. Such spending would be subject 
to the appropriation of the estimated amounts.
    Office of Health Security: Based on information from DHS, 
CBO assumes that the department already carries out the 
activities required of OHS under the bill and that S. 4465 
would consolidate those efforts into a new office. Using 
information from CWMD, CBO estimates implementing S. 4465 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.
    Revenues: S. 4465 would create a new $3,000 fine for anyone 
who willfully discloses a DHS medical record. The fine for 
subsequent offenses would increase to $20,000 per violation. 
Any penalties would be transferred to the Treasury and could 
not be spent by DHS without further appropriation. Using 
information from DHS, CBO expects there to be a small number of 
violations. As such, CBO estimates that enacting S. 4465 would 
increase revenues by an insignificant amount each year and in 
total over the 2023-2032 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting S. 4465 would increase 
revenues by less than $500,000 over the 2023-2032 period.
    Increase in long-term deficits: None.
    Mandates: None.
    Estimate prepared by: Federal Costs: Jeremy Crimm; 
Mandates: Fiona Forrester.
    Estimate reviewed by: Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit, Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; Leo Lex, 
Deputy Director of Budget Analysis; Theresa Gullo, Director of 
Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, 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. 528. Coordination of Department of Homeland Security efforts 
          related to food, agriculture, and veterinary defense against 
          terrorism.]
[Sec. 529. Transfer of equipment during a public health emergency.]
Sec. 528. Transfer of equipment during a public health emergency.
     * * * * * * *

                          TITLE VII--MANAGEMENT

     * * * * * * *
[Sec. 710. Workforce health and medical support.]
[Sec. 711. Employee engagement.]
[Sec. 712. Annual employee award program.]
[Sec. 713. Acquisition professional career program.]
Sec. 710. Employee engagement.
Sec. 711. Annual employee award program.
Sec. 712. Acquisition professional career program.
     * * * * * * *

        TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

     * * * * * * *

                    Subtitle B--Mission of the Office

     * * * * * * *
Sec. 1928. Securing the Cities program.
Sec. 1929. Accountability.

                   [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] safety.
Sec. 2303. Coordination of Department of Homeland Security efforts 
          related to food, agriculture, and veterinary defense against 
          terrorism.
Sec. 2304. Medical countermeasures program.
Sec. 2305. Confidentiality of medical quality assurance records.
Sec. 2306. Portability of licensure.


TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 103. OTHER OFFICERS.

    (a) Deputy Secretary; Under Secretaries.--
          (1)* * *
          (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, or] 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)* * *
    (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.

           *       *       *       *       *       *       *


TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


[SEC. 528. 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, 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. 529. 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)* * *
    (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;

           *       *       *       *       *       *       *


[SEC. 710. WORKFORCE HEALTH AND MEDICAL SUPPORT.

    [(a) In General.--The Under Secretary for Management shall 
be responsible for workforce-focused health and medical 
activities of the Department. The Under Secretary for 
Management may further delegate responsibility for those 
activities, as appropriate.
    [(b) Responsibilities.--The Under Secretary for Management, 
in coordination with the Chief Medical 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. [711] 710. EMPLOYEE ENGAGEMENT.

           *       *       *       *       *       *       *


SEC. [712] 711. ANNUAL EMPLOYEE AWARD PROGRAM.

           *       *       *       *       *       *       *


SEC. [713] 712. ACQUISITION PROFESSIONAL CAREER PROGRAM.

           *       *       *       *       *       *       *


[SEC. 1932. 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.]

           *       *       *       *       *       *       *


        TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

       Subtitle A--Countering Weapons of Mass Destruction Office

SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

    (a) * * *
    (b) * * *
    (c) Responsibilities.--The Assistant Secretary shall serve 
as the Secretary's principal advisor on--
          (1) matters and strategies pertaining to--
                  (A) weapons of mass destruction; and
                  (B) chemical, biological, radiological, 
                nuclear, and other related emerging threats; 
                and
          (2) coordinating the efforts of the Department to 
        counter--
                  (A) weapons of mass destruction; and
                  (B) chemical, biological, radiological, 
                nuclear, and other related emerging threats.
    (d) * * *
    [(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--
          (1) coordinating the efforts of the Department to 
        counter--
                  (A) weapons of mass destruction; and 
                  (B) chemical, biological, radiological, 
                nuclear, and other related emerging threats; 
                and 
          (2) enhancing the ability of Federal, State, local, 
        Tribal, and territorial partners to prevent, detect, 
        protect against, and mitigate the impacts of attacks 
        using--
                  (A) weapons of mass destruction against the 
                United States; and
                  (B) chemical, biological, radiological, 
                nuclear, and other related emerging threats 
                against the United States.

SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT COMPONENTS AND FEDERAL 
                    AGENCIES.

    (a)* * *
    [(b) Office for Strategy, Policy, and Plans.--Not later 
than one year after the date of the enactment of the Countering 
Weapons of Mass Destruction Act of 2018, the Assistant 
Secretary shall, in coordination with the Under Secretary for 
Strategy, Policy, and Plans, submit to the appropriate 
congressional committees a strategy and implementation plan to 
direct programs within the Office and to integrate those 
programs with other programs and activities of the Department.]
    [(c)] (b) Federal Emergency Management Agency.--Nothing in 
this title or any other provision of law may be construed to 
affect or reduce the responsibilities of the Federal Emergency 
Management Agency or the Administrator of the Agency, including 
the diversion of any asset, function, or mission of the Agency 
or the Administrator of the Agency.

SEC. 1923. RESPONSIBILITIES.

    (a) Office Responsibilities.--
    (1) In general.--For the purposes of coordinating the 
efforts of the Department to counter weapons of mass 
destruction and chemical, biological, radiological, nuclear, 
and other related emerging threats, the Office shall--
                  (A) provide expertise and guidance to 
                Department leadership and components on 
                chemical, biological, radiological, and 
                nuclear, and other related emerging threats, 
                subject to the research, development, testing, 
                and evaluation coordination requirement 
                described in subparagraph (G);
                  (B) in coordination with the Office for 
                Strategy, Policy, and Plans, lead development 
                of policies and strategies to counter weapons 
                of mass destruction and chemical, biological, 
                radiological, nuclear and other related 
                emerging threats on behalf of the Department;
                  (C) identify, assess, and prioritize 
                capability gaps relating to the strategic and 
                mission objectives of the Department for 
                weapons of mass destruction and chemical, 
                biological, radiological, nuclear, and other 
                related emerging threats;
                  (D) in coordination with the Office of 
                Intelligence and Analysis, support components 
                of the Department, and Federal, State, local, 
                Tribal, and territorial partners, provide 
                intelligence and information analysis and 
                reports on weapons of mass destruction and 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats;
                  (E) in consultation with the Science and 
                Technology Directorate, assess risk to the 
                United States from weapons of mass destruction 
                and chemical, biological, radiological, 
                nuclear, and other related emerging threats;
                  (F) lead development and prioritization of 
                Department requirements to counter weapons of 
                mass destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats, subject to the research, 
                development, testing, and evaluation 
                coordination requirement described in 
                subparagraph (G), which requirements shall be--
                          (i) developed in coordination with 
                        end users; and
                          (ii) reviewed by the Joint 
                        Requirements Council, as directed by 
                        the Secretary;
                  (G) in coordination with the Science and 
                Technology Directorate, direct, fund, and 
                coordinate capability development activities to 
                counter weapons of mass destruction and all 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats research, 
                development, test, and evaluation matters, 
                including research, development, testing, and 
                evaluation expertise, threat characterization, 
                technology maturation, prototyping, and 
                technology transition;
                  (H) acquire, procure, and deploy counter 
                weapons of mass destruction capabilities, and 
                serve as the lead advisor of the Department on 
                component acquisition, procurement, and 
                deployment of counter-weapons of mass 
                destruction capabilities;
                  (I) in coordination with the Office of Health 
                Security, support components of the Department, 
                and Federal, State, local, Tribal, and 
                territorial partners on chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats health matters;
                  (J) provide expertise on weapons of mass 
                destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats expertise to Department and 
                Federal partners to support engagements and 
                efforts with international partners subject to 
                the research, development, testing, and 
                evaluation coordination requirement under 
                subparagraph (G); and
                  (K) carry out any other duties assigned to 
                the Office by the Secretary.
          (2) Detection and Reporting.--For purposes of the 
        chemical, biological, radiological, and nuclear 
        detection and reporting responsibilities of the Office, 
        the Office shall--
                  (A) in coordination with end users, including 
                State, local, Tribal, and territorial partners, 
                as appropriate--
                          (i) carry out a program to test and 
                        evaluate technology, in consultation 
                        with the Science and Technology 
                        Directorate, to detect and report on 
                        chemical, biological, radiological, 
                        nuclear, and other related emerging 
                        threats weapons or unauthorized 
                        material, in coordination with other 
                        Federal agencies, as appropriate, and 
                        establish performance metrics to 
                        evaluate the effectiveness of 
                        individual detectors and detection 
                        systems in detecting those weapons or 
                        material--
                                  (I) under realistic 
                                operational and environmental 
                                conditions; and
                                  (II) against realistic 
                                adversary tactics and 
                                countermeasures;
                  (B) in coordination with end users, conduct, 
                support, coordinate, and encourage a 
                transformational program of research and 
                development to generate and improve 
                technologies to detect, protect against, and 
                report on the illicit entry, transport, 
                assembly, or potential use within the United 
                States of weapons of mass destruction and 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats weapons or 
                unauthorized material, and coordinate with the 
                Under Secretary for Science and Technology on 
                research and development efforts relevant to 
                the mission of the Office and the Under 
                Secretary for Science and Technology;
                  (C) before carrying out operational testing 
                under subparagraph (A), develop a testing and 
                evaluation plan that articulates the 
                requirements for the user and describes how 
                these capability needs will be tested in 
                developmental test and evaluation and 
                operational test and evaluation;
                  (D) as appropriate, develop, acquire, and 
                deploy equipment to detect and report on 
                weapons of mass destruction and chemical, 
                biological, radiological, nuclear, and other 
                emerging threats weapons or unauthorized 
                material in support of Federal, State, local, 
                Tribal, and territorial governments;
                  (E) support and enhance the effective sharing 
                and use of appropriate information on weapons 
                of mass destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats and related emerging issues 
                generated by elements of the intelligence 
                community (as defined in section 3 of the 
                National Security Act of 1947 (50 U.S.C. 
                3003)), law enforcement agencies, other Federal 
                agencies, State, local, Tribal, and territorial 
                governments, and foreign governments, as well 
                as provide appropriate information to those 
                entities;
                  (F) consult, as appropriate, with the Federal 
                Emergency Management Agency and other 
                departmental components, on weapons of mass 
                destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats and efforts to mitigate, 
                prepare, and respond to all threats in support 
                of the State, local, and Tribal communities; 
                and
                  (G) perform other duties as assigned by the 
                Secretary.
    [(a)] [Mission] (b) Radiological and Nuclear 
Responsibilities.--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, deploy, and 
        support the [deployment] operations 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) * * *

           *       *       *       *       *       *       *

          [(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)] (6) 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) * * *
                  (B) to coordinate and implement the [national 
                strategic five-year plan referred to in 
                paragraph (10)] United States national 
                technical nuclear forensics strategic planning;
          (7) establish a National Nuclear Forensics Expertise 
        Development Program, which--
                  (A) * * *
                  (C) shall--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) except as otherwise provided, 
                        require that--
                                  (I) * * *
                                  (II) a scholarship recipient 
                                who, for any reason except 
                                [death or disability] death, 
                                disability, or a finding of 
                                good cause as determined by the 
                                Assistant Secretary (including 
                                extreme hardship, extreme need, 
                                or the needs of the Office) and 
                                for which the Assistant 
                                Secretary may grant a waiver of 
                                the repayment obligation, 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) * * *
                                          (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; and
          [(13) * * *]
          [(14)] (8) perform other duties as assigned by the 
        Secretary.
    (c) Chemical and Biological Responsibilities.--The Office--
          (1) shall be responsible for coordinating with other 
        Federal efforts to enhance the ability of Federal, 
        State, local, and Tribal governments to prevent, 
        detect, protect against, and mitigate the impacts of 
        chemical and biological threats against the United 
        States; and
          (2) shall--
                  (A) serve as a primary entity of the Federal 
                Government to further develop, acquire, deploy, 
                and support the operations of a national 
                biosurveillance system in support of Federal, 
                State, local, Tribal, and territorial 
                governments, and improve that system over time;
                  (B) enhance the chemical and biological 
                detection efforts of Federal, State, local, 
                Tribal, and territorial governments and provide 
                guidance, tools, and training to help ensure a 
                managed, coordinated response; and
                  (C) collaborate with the Biomedical Advanced 
                Research and Development Authority, the Office 
                of Health Security, the Defense Advanced 
                Research Projects Agency, and the National 
                Aeronautics and Space Administration, and other 
                relevant Federal stakeholders, and receive 
                input from industry, academia, and the national 
                laboratories on chemical and biological 
                surveillance efforts.
    [(b)] (d) Definitions.--In this section:
          (1) * * *

           *       *       *       *       *       *       *

          (3) [Hawaiian native-serving] Native hawaiian-serving 
        institution.--The term [``Hawaiian native-serving''] 
        ``Native Hawaiian-serving institution'' has the meaning 
        given the term in section 317 of the Higher Education 
        Act of 1965 (20 U.S.C. 1059d).

           *       *       *       *       *       *       *


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 the authority 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. 1927. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR DETECTION 
                    ARCHITECTURE.

    (a) Annual Review.--
          (1) In general.--
                  (A) * * *
                  (B) * * *
                  (C) the Assistant Secretary and each of the 
                relevant departments that are partners in the 
                National Technical Forensics Center--
                          (i) include, as part of the 
                        assessments, evaluations, and reviews 
                        required under this paragraph, each 
                        office's or department's activities and 
                        investments in support of nuclear 
                        forensics and attribution activities 
                        and specific goals and objectives 
                        accomplished during the previous year 
                        pursuant to 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];
                          (ii) attaches, as an appendix to the 
                        Joint Interagency Annual Review, the 
                        most current version of such strategy 
                        and plan; [and]
                          (iii) includes a description of new 
                        or amended bilateral and multilateral 
                        agreements and efforts in support of 
                        nuclear forensics and attribution 
                        activities accomplished during the 
                        previous year[.]; and
                          (iv) includes any other information 
                        regarding national technical nuclear 
                        forensics activities carried out under 
                        section 1923.

           *       *       *       *       *       *       *


SEC. 1928. SECURING THE CITIES PROGRAM.

    (a) * * *
    (b) * * *
    (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.
    [(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 2 years after the date of 
enactment of the Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2022, the Secretary 
shall submit to the appropriate congressional committees an 
update on the STC program.

SEC. 1929. ACCOUNTABILITY.

    (a) Departmentwide Strategy.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of Offices of Countering Weapons of 
        Mass Destruction and Health Security Act of 2022, and 
        every 4 years thereafter, the Secretary shall create a 
        Departmentwide strategy and implementation plan to 
        counter weapons of mass destruction and chemical, 
        biological, radiological, nuclear, and other related 
        emerging threats, which should--
                  (A) have clearly identified authorities, 
                specified roles, objectives, benchmarks, 
                accountability, and timelines;
                  (B) incorporate the perspectives of non-
                Federal and private sector partners; and
                  (C) articulate how the Department will 
                contribute to relevant national-level 
                strategies and work with other Federal 
                agencies.
          (2) Consideration.--The Secretary shall appropriately 
        consider weapons of mass destruction and chemical, 
        biological, radiological, nuclear, and other related 
        emerging threats when creating the strategy and 
        implementation plan required under paragraph (1).
          (3) Report.--The Office shall submit to the 
        appropriate congressional committees a report on the 
        updated Departmentwide strategy and implementation plan 
        required under paragraph (1).
    (b) Departmentwide Biodefense Review and Strategy.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Offices of Countering Weapons 
        of Mass Destruction and Health Security Act of 2022, 
        the Secretary, in consultation with appropriate 
        stakeholders representing Federal, State, Tribal, 
        territorial, academic, private sector, and 
        nongovernmental entities, shall conduct a 
        Departmentwide review of biodefense activities and 
        strategies.
          (2) Review.--The review required under paragraph (1) 
        shall--
                  (A) identify with specificity the biodefense 
                lines of effort of the Department, including 
                relating to biodefense roles, responsibilities, 
                and capabilities of components and offices of 
                the Department;
                  (B) assess how such components and offices 
                coordinate internally and with public and 
                private partners in the biodefense enterprise;
                  (C) identify any policy, resource, 
                capability, or other gaps in the Department's 
                ability to assess, prevent, protect against, 
                and respond to biological threats; and
                  (D) identify any organizational changes or 
                reforms necessary for the Department to 
                effectively execute its biodefense mission and 
                role, including with respect to public and 
                private partners in the biodefense enterprise.
          (3) Strategy.--Not later than 1 year after completion 
        of the review required under paragraph (1), the 
        Secretary shall issue a biodefense strategy for the 
        Department that--
                  (A) is informed by such review and is aligned 
                with section 1086 of the National Defense 
                Authorization Act for Fiscal Year 2017 (6 
                U.S.C. 104; relating to the development of a 
                national biodefense strategy and associated 
                implementation plan, including a review and 
                assessment of biodefense policies, practices, 
                programs, and initiatives) or any successor 
                strategy; and
                  (B) shall--
                          (i) describe the biodefense mission 
                        and role of the Department, as well as 
                        how such relates to the biodefense 
                        lines of effort of the Department;
                          (ii) clarify, as necessary, 
                        biodefense roles, responsibilities, and 
                        capabilities of the components and 
                        offices of the Department involved in 
                        the biodefense lines of effort of the 
                        Department;
                          (iii) establish how biodefense lines 
                        of effort of the Department are to be 
                        coordinated within the Department;
                          (iv) establish how the Department 
                        engages with public and private 
                        partners in the biodefense enterprise, 
                        including other Federal agencies, 
                        national laboratories and sites, and 
                        State, local, Tribal, and territorial 
                        entities, with specificity regarding 
                        the frequency and nature of such 
                        engagement by Department components and 
                        offices with State, local, Tribal and 
                        territorial entities; and
                          (v) include information relating to--
                                  (I) milestones and 
                                performance metrics that are 
                                specific to the biodefense 
                                mission and role of the 
                                Department described in clause 
                                (i); and
                                  (II) implementation of any 
                                operational changes necessary 
                                to carry out clauses (iii) and 
                                (iv).
          (4) Periodic update.--Beginning not later than 5 
        years after the issuance of the strategy and 
        implementation plans required under paragraph (3), and 
        not less often than once every 5 years thereafter, the 
        Secretary shall review and update, as necessary, such 
        strategy and plans.
          (5) Congressional oversight.--Not later than 30 days 
        after the issuance of the biodefense strategy and 
        implementation plans for the Department of Homeland 
        Security required under paragraph (3), the Secretary 
        shall brief the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives 
        regarding such strategy and plans.
    (c) Employee Morale.--Not later than 180 days after the 
date of enactment of the Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2022, the Office shall 
submit to and brief the appropriate congressional committees on 
a strategy and plan to continuously improve morale within the 
Office.
    (d) Comptroller General.--Not later than 1 year after the 
date of enactment of the Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2022, the Comptroller 
General of the United States shall conduct a review of and 
brief the appropriate congressional committees on--
          (1) the efforts of the Office to prioritize the 
        programs and activities that carry out the mission of 
        the Office, including research and development;
          (2) the consistency and effectiveness of stakeholder 
        coordination across the mission of the Department, 
        including operational and support components of the 
        Department and State and local entities; and
          (3) the efforts of the Office to manage and 
        coordinate the lifecycle of research and development 
        within the Office and with other components of the 
        Department, including the Science and Technology 
        Directorate.
    (e) National Academies of Sciences, Engineering, and 
Medicine.--
          (1) Study.--The Secretary shall enter into an 
        agreement with the National Academies of Sciences, 
        Engineering, and Medicine to conduct a consensus study 
        and report to the Secretary and the appropriate 
        congressional committees on--
                  (A) the role of the Department in preparing, 
                detecting, and responding to biological and 
                health security threats to the homeland;
                  (B) recommendations to improve departmental 
                biosurveillance efforts against biological 
                threats, including any relevant biological 
                detection methods and technologies; and
                  (C) the feasibility of different 
                technological advances for biodetection 
                compared to the cost, risk reduction, and 
                timeliness of those advances.
          (2) Briefing.--Not later than 1 year after the date 
        on which the Secretary receives the report required 
        under paragraph (1), the Secretary shall brief the 
        appropriate congressional committees on--
                  (A) the implementation of the recommendations 
                included in the report; and
                  (B) the status of biological detection at the 
                Department, and, if applicable, timelines for 
                the transition from Biowatch to updated 
                technology.
    (f) Advisory Council.--
          (1) Establishment.--Not later than 180 days after the 
        date of enactment of the Offices of Countering Weapons 
        of Mass Destruction and Health Security Act of 2022, 
        the Secretary shall establish an advisory body to 
        advise on the ongoing coordination of the efforts of 
        the Department to counter weapons of mass destruction, 
        to be known as the Advisory Council for Countering 
        Weapons of Mass Destruction (in this subsection 
        referred to as the `Advisory Council').
          (2) Membership.--The members of the Advisory Council 
        shall--
                  (A) be appointed by the Assistant Secretary; 
                and
                  (B) to the extent practicable, represent a 
                geographic (including urban and rural) and 
                substantive cross section of officials, from 
                State, local, and Tribal governments, academia, 
                the private sector, national laboratories, and 
                nongovernmental organizations, including, as 
                appropriate--
                          (i) members selected from the 
                        emergency management field and 
                        emergency response providers;
                          (ii) State, local, and Tribal 
                        government officials;
                          (iii) experts in the public and 
                        private sectors with expertise in 
                        chemical, biological, radiological, and 
                        nuclear agents and weapons;
                          (iv) representatives from the 
                        national laboratories; and
                          (v) such other individuals as the 
                        Assistant Secretary determines to be 
                        appropriate.
          (3) Responsibilities.--The Advisory Council shall--
                  (A) advise the Assistant Secretary on all 
                aspects of countering weapons of mass 
                destruction;
                  (B) incorporate State, local, and Tribal 
                government, national laboratories, and private 
                sector input in the development of the strategy 
                and implementation plan of the Department for 
                countering weapons of mass destruction; and
                  (C) establish performance criteria for a 
                national biological detection system and review 
                the testing protocol for biological detection 
                prototypes.
          (4) Consultation.--To ensure input from and 
        coordination with State, local, and Tribal governments, 
        the Assistant Secretary shall regularly consult and 
        work with the Advisory Council on the administration of 
        Federal assistance provided by the Department, 
        including with respect to the development of 
        requirements for countering weapons of mass destruction 
        programs, as appropriate.
          (5) Voluntary service.--The members of the Advisory 
        Council shall serve on the Advisory Council on a 
        voluntary basis.
          (6) FACA.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Advisory Council.

           *       *       *       *       *       *       *


                  [Subtitle C--Chief Medical Officer]

[SEC. 1931. CHIEF MEDICAL OFFICER.

    [(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.
    [(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--
          [(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;
          [(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) performing such other duties relating to such 
        responsibilities as the Secretary may require.

[SEC. 1932. 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.]

           *       *       *       *       *       *       *


                 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 established in the Department 
an Office of Health Security.
      (b) Head of Office of Health Security.--The Office of 
Health Security shall be headed by a chief medical officer, who 
shall--
          (1) be the Assistant Secretary for Health Security 
        and the Chief Medical Officer of the Department;
          (2) be a licensed physician possessing a demonstrated 
        ability in and knowledge of medicine and public health;
          (3) be appointed by the President; and
          (4) report directly to the Secretary.
    (c) 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] oversight of all medical, public health, and 
workforce health and safety matters of the Department 
including--
          (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] 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) overseeing all medical and public health 
        activities of the Department, including the delivery, 
        advisement, and oversight of direct patient care and 
        the organization, management, and staffing of component 
        operations that deliver direct patient care;
          (6) advising the head of each component of the 
        Department that delivers direct patient care regarding 
        the recruitment and appointment of a component chief 
        medical officer and deputy chief medical officer or the 
        employee who functions in the capacity of chief medical 
        officer and deputy chief medical officer;
          (7) advising the Secretary and the head of each 
        component of the Department that delivers direct 
        patient care regarding knowledge and skill standards 
        for medical personnel and the assessment of that 
        knowledge and skill;
          (8) advising the Secretary and the head of each 
        component of the Department that delivers patient care 
        regarding the collection, storage, and oversight of 
        medical records;
          (9) with respect to any psychological health 
        counseling or assistance program of the Department, 
        including such a program of a law enforcement, 
        operational, or support component of the Department, 
        advising the head of each such component with such a 
        program regarding--
                  (A) ensuring such program includes safeguards 
                against adverse action, including automatic 
                referrals for a fitness for duty examination, 
                by such component with respect to any employee 
                solely because such employee self-identifies a 
                need for psychological health counseling or 
                assistance or receives such counseling or 
                assistance;
                  (B) increasing the availability and number of 
                local psychological health professionals with 
                experience providing psychological support 
                services to personnel;
                  (C) establishing a behavioral health 
                curriculum for employees at the beginning of 
                their careers to provide resources early 
                regarding the importance of psychological 
                health;
                  (D) establishing periodic management training 
                on crisis intervention and such component's 
                psychological health counseling or assistance 
                program;
                  (E) improving any associated existing 
                employee peer support programs, including by 
                making additional training and resources 
                available for peer support personnel in the 
                workplace across such component;
                  (F) implementing a voluntary alcohol 
                treatment program that includes a safe harbor 
                for employees who seek treatment;
                  (G) including, when appropriate, 
                collaborating and partnering with key employee 
                stakeholders and, for those components with 
                employees with an exclusive representative, the 
                exclusive representative with respect to such a 
                program;
          (10) in consultation with the Chief Information 
        Officer of the Department--
                  (A) identifying methods and technologies for 
                managing, updating, and overseeing patient 
                records; and
                  (B) setting standards for technology used by 
                the components of the Department regarding the 
                collection, storage, and oversight of medical 
                records;
          (11) advising the Secretary and the head of each 
        component of the Department that delivers direct 
        patient care regarding contracts for the delivery of 
        direct patient care, other medical services, and 
        medical supplies;
          (12) coordinating with the Countering Weapons of Mass 
        Destruction Office and other components of the 
        Department as directed by the Secretary to enhance the 
        ability of Federal, State, local, Tribal, and 
        territorial governments to prevent, detect, protect 
        against, and mitigate the health effects of chemical, 
        biological, radiological, and nuclear issues; and
          (13) [(5)] performing such other duties relating to 
        such responsibilities as the Secretary may require.
    (d) Assistance and Agreements.--The Secretary, acting 
through the Chief Medical Officer, in support of the medical 
and public health activities of the Department, may--
          (1) provide technical assistance, training, and 
        information and distribute funds through grants and 
        cooperative agreements to State, local, Tribal, and 
        territorial governments and nongovernmental 
        organizations;
          (2) enter into other transactions;
          (3) enter into agreements with other Federal 
        agencies; and
          (4) accept services from personnel of components of 
        the Department and other Federal agencies on a 
        reimbursable or nonreimbursable basis.
    (e) Office of Health Security Privacy Officer.--There shall 
be a Privacy Officer in the Office of Health Security with 
primary responsibility for privacy policy and compliance within 
the Office, who shall--
          (1) report directly to the Chief Medical Officer; and
          (2) ensure privacy protections are integrated into 
        all Office of Health Security activities, subject to 
        the review and approval of the Privacy Officer of the 
        Department to the extent consistent with the authority 
        of the Privacy Officer of the Department under section 
        222.
    (f) Accountability.--
          (1) Strategy and implementation plan.--Not later than 
        180 days after the date of enactment of this section, 
        and every 4 years thereafter, the Secretary shall 
        create a Departmentwide strategy and implementation 
        plan to address health threats.
          (2) Briefing.--Not later than 90 days after the date 
        of enactment of this section, the Secretary shall brief 
        the appropriate congressional committees on the 
        organizational transformations of the Office of Health 
        Security, including how best practices were used in the 
        creation of the Office of Health Security.

[SEC. 710] SEC. 2302. WORKFORCE HEALTH AND [MEDICAL SUPPORT] SAFETY.

    (a) In General.--The [Under Secretary for Management] Chief 
Medical Officer shall be responsible for workforce-focused 
health and medical activities of the Department. The [Under 
Secretary for Management] Chief Medical 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 Medical 
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] SEC. 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) * * *

           *       *       *       *       *       *       *


[SEC. 1932] SEC. 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.

SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.

    (a) Definitions.--In this section:
          (1) Health Care Provider.--The term ``health care 
        provider'' means an individual who--
                  (A) is--
                          (i) an employee of the Department;
                          (ii) a detailee to the Department 
                        from another Federal agency;
                          (iii) a personal services contractor 
                        of the Department; or
                          (iv) hired under a contract for 
                        services;
                  (B) performs health care services as part of 
                duties of the individual in that capacity; and
                  (C) has a current, valid, and unrestricted 
                license or certification--
                          (i) that is issued by a State, the 
                        District of Columbia, or a 
                        commonwealth, territory, or possession 
                        of the United States; and
                          (ii) that is for the practice of 
                        medicine, osteopathic medicine, 
                        dentistry, nursing, emergency medical 
                        services, or another health profession.
          (2) Medical quality asssurance program.--The term 
        ``medical quality assurance program'' means any 
        activity carried out by the Department to assess the 
        quality of medical care, including activities conducted 
        by individuals, committees, or other review bodies 
        responsible for quality assurance, credentials, 
        infection control, incident reporting, the delivery, 
        advisement, and oversight of direct patient care and 
        assessment (including treatment procedures, blood, 
        drugs, and therapeutics), medical records, health 
        resources management review, and identification and 
        prevention of medical, mental health, or dental 
        incidents and risks.
          (3) Medical quality assurance record of the 
        department.--The term ``medical quality assurance 
        record of the Department'' means all information, 
        including the proceedings, records (including patient 
        records that the Department creates and maintains as 
        part of a system of records), minutes, and reports 
        that--
                  (A) emanate from quality assurance program 
                activities described in paragraph (2); and
                  (B) are produced or compiled by the 
                Department as part of a medical quality 
                assurance program.
    (b) Confidentiality of Records.--A medical quality 
assurance record of the Department that is created as part of a 
medical quality assurance program--
          (1) is confidential and privileged; and
          (2) except as provided in subsection (d), may not be 
        disclosed to any person or entity.
    (c) Prohibition on Disclosure and Testimony.--Except as 
otherwise provided in this section--
          (1) no part of any medical quality assurance record 
        of the Department may be subject to discovery or 
        admitted into evidence in any judicial or 
        administrative proceeding; and
          (2) an individual who reviews or creates a medical 
        quality assurance record of the Department or who 
        participates in any proceeding that reviews or creates 
        a medical quality assurance record of the Department 
        may not be permitted or required to testify in any 
        judicial or administrative proceeding with respect to 
        the record or with respect to any finding, 
        recommendation, evaluation, opinion, or action taken by 
        that individual in connection with the record.
    (d) Authorized Disclosure and Testimony.--
          (1) In general.--Subject to paragraph (2), a medical 
        quality assurance record of the Department may be 
        disclosed, and a person described in subsection (c)(2) 
        may give testimony in connection with the record, only 
        as follows:
                  (A) To a Federal agency or private 
                organization, if the medical quality assurance 
                record of the Department or testimony is needed 
                by the Federal agency or private organization 
                to--
                          (i) perform licensing or 
                        accreditation functions related to 
                        Department health care facilities, a 
                        facility affiliated with the 
                        Department, or any other location 
                        authorized by the Secretary for the 
                        performance of health care services; or
                          (ii) perform monitoring, required by 
                        law, of Department health care 
                        facilities, a facility affiliated with 
                        the Department, or any other location 
                        authorized by the Secretary for the 
                        performance of health care services.
                  (B) To an administrative or judicial 
                proceeding concerning an adverse action related 
                to the credentialing of or health care provided 
                by a present or former health care provider by 
                the Department.
                  (C) To a governmental board or agency or to a 
                professional health care society or 
                organization, if the medical quality assurance 
                record of the Department or testimony is needed 
                by the board, agency, society, or organization 
                to perform licensing, credentialing, or the 
                monitoring of professional standards with 
                respect to any health care provider who is or 
                was a health care provider for the Department.
                  (D) To a hospital, medical center, or other 
                institution that provides health care services, 
                if the medical quality assurance record of the 
                Department or testimony is needed by the 
                institution to assess the professional 
                qualifications of any health care provider who 
                is or was a health care provider for the 
                Department and who has applied for or been 
                granted authority or employment to provide 
                health care services in or on behalf of the 
                institution.
                  (E) To an employee, a detailee, or a 
                contractor of the Department who has a need for 
                the medical quality assurance record of the 
                Department or testimony to perform official 
                duties or duties within the scope of their 
                contract.
                  (F) To a criminal or civil law enforcement 
                agency or instrumentality charged under 
                applicable law with the protection of the 
                public health or safety, if a qualified 
                representative of the agency or instrumentality 
                makes a written request that the medical 
                quality assurance record of the Department or 
                testimony be provided for a purpose authorized 
                by law.
                  (G) In an administrative or judicial 
                proceeding commenced by a criminal or civil law 
                enforcement agency or instrumentality described 
                in subparagraph (F), but only with respect to 
                the subject of the proceeding.
          (2) Personally identifiable information.--
                  (A) In general.--With the exception of the 
                subject of a quality assurance action, 
                personally identifiable information of any 
                person receiving health care services from the 
                Department or of any other person associated 
                with the Department for purposes of a medical 
                quality assurance program that is disclosed in 
                a medical quality assurance record of the 
                Department shall be deleted from that record 
                before any disclosure of the record is made 
                outside the Department.
                  (B) Application.--The requirement under 
                subparagraph (A) shall not apply to the release 
                of information that is permissible under 
                section 552a of title 5, United States Code 
                (commonly known as the `Privacy Act of 1974').
    (e) Disclosure for Certain Purposes.--Nothing in this 
section shall be construed--
          (1) to authorize or require the withholding from any 
        person or entity aggregate statistical information 
        regarding the results of medical quality assurance 
        programs; or
          (2) to authorize the withholding of any medical 
        quality assurance record of the Department from a 
        committee of either House of Congress, any joint 
        committee of Congress, or the Comptroller General of 
        the United States if the record pertains to any matter 
        within their respective jurisdictions.
    (f) Prohibition on Disclosure of Information, Record, or 
Testimony.--A person or entity having possession of or access 
to a medical quality assurance record of the Department or 
testimony described in this section may not disclose the 
contents of the record or testimony in any manner or for any 
purpose except as provided in this section.
    (g) Exemption From Freedom of Information Act.--A medical 
quality assurance record of the Department shall be exempt from 
disclosure under section 552(b)(3) of title 5, United States 
Code (commonly known as the `Freedom of Information Act').
    (h) Limitation on Civil Liability.--A person who 
participates in the review or creation of, or provides 
information to a person or body that reviews or creates, a 
medical quality assurance record of the Department shall not be 
civilly liable for that participation or for providing that 
information if the participation or provision of information 
was provided in good faith based on prevailing professional 
standards at the time the medical quality assurance program 
activity took place.
    (i) Application to Information in Certain Other Records.--
Nothing in this section shall be construed as limiting access 
to the information in a record created and maintained outside a 
medical quality assurance program, including the medical record 
of a patient, on the grounds that the information was presented 
during meetings of a review body that are part of a medical 
quality assurance program.
    (j) Penalty.--Any person who willfully discloses a medical 
quality assurance record of the Department other than as 
provided in this section, knowing that the record is a medical 
quality assurance record of the Department shall be fined not 
more than $3,000 in the case of a first offense and not more 
than $20,000 in the case of a subsequent offense.
    (k) Relationship to Coast Guard.--The requirements of this 
section shall not apply to any medical quality assurance record 
of the Department that is created by or for the Coast Guard as 
part of a medical quality assurance program.

SEC. 2306. PORTABILITY OF LICENSURE.

    [(a) Notwithstanding] (a) In General.--Notwithstanding any 
other provision of law regarding the licensure of health-care 
providers, a health-care professional described in subsection 
(b) may practice the health profession or professions of the 
health-care professional at any location in any State, the 
District of Columbia, or Commonwealth, territory, or possession 
of the United States, or any location designated by the 
Secretary, regardless of where such health-care professional or 
the patient is located, so long as the practice is within the 
scope of the authorized Federal duties of such health-care 
professional.
    (b) Definition. As used in this section, the term ``health-
care professional'' means an individual (other than a member of 
the Coast Guard, a civilian employee of the Coast Guard, member 
of the Public Health Service who is assigned to the Coast 
Guard, or an individual with whom the Secretary, pursuant to 10 
U.S.C. 1091, has entered into a personal services contract to 
carry out health care responsibilities of the Secretary at a 
medical treatment facility of the Coast Guard) who--
          (1) is--
                  (A) an employee of the Department of Homeland 
                Security,
                  (B) a detailee to the Department from another 
                Federal agency,
                  (C) or personal services contractor of the 
                Department, or
                  (D) hired under a Contract for Services;
          (2) performs health care services as part of duties 
        of the individual in that capacity;
          (3) has a current, valid, and unrestricted equivalent 
        license certification that is--
                  (A) issued by a State, the District of 
                Columbia, or a Commonwealth, territory, or 
                possession of the United States; and
                  (B) for the practice of medicine, osteopathic 
                medicine, dentistry, nursing, emergency medical 
                services, or another health profession; and
          (4) is not affirmatively excluded from practice in 
        the licensing or certifying jurisdiction or in any 
        other jurisdiction.
    [(c) Subsection (a) shall apply during the incident period 
of the emergency declared by the President on March 13, 2020, 
pursuant to section 501(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121(b)), and to 
any subsequent major declaration under section 401 of such Act 
that supersedes such emergency declaration.]

           *       *       *       *       *       *       *


COUNTERING WEAPONS OF MASS DESTRUCTION ACT OF 2018

           *       *       *       *       *       *       *


SEC. 2. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

           *       *       *       *       *       *       *


    (b) References and Construction.--
          (1) * * *
          (2) Construction.--Sections 1923 through [1927] 1926 
        of the Homeland Security Act of 2002, as redesignated 
        by subsection (a), shall be construed to cover the 
        chemical and biological responsibilities of the 
        Assistant Secretary for the Countering Weapons of Mass 
        Destruction Office.

           *       *       *       *       *       *       *

    (g) Department of Homeland Security Chemical, Biological, 
Radiological, and Nuclear Activities.--Not later than [one year 
after the date of the enactment of this Act and annual 
thereafter,] June 30 of each year, the Secretary of Homeland 
Security shall provide a briefing and report to the appropriate 
congressional committees (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)) on--
          (1) * * *
          (2) a comprehensive inventory of chemical, 
        biological, radiological, and nuclear activities, 
        including research and development activities, of the 
        Department of Homeland Security, highlighting areas of 
        collaboration between components, coordination with 
        other agencies, and the effectiveness and 
        accomplishments of consolidated chemical, biological, 
        radiological, and nuclear activities of the Department 
        of Homeland [Security, including research and 
        development activities] Security;
          (3) * * *

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         SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT OF 2006

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the 
        ``Security and Accountability For Every Port Act of 
        2006`` or the ``SAFE Port Act``.
        (b) Table Of Contents.--The table of contents for this 
        Act is as follows:
     * * * * * * *

               TITLE V--DOMESTIC NUCLEAR DETENTION OFFICE

     * * * * * * *
Sec. 501. Establishment of Domestic Nuclear Detection Office.
[Sec. 502. Technology research and development investment strategy for 
          nuclear and radiological detection.]
     * * * * * * *

CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT

           *       *       *       *       *       *       *


TITLE VI--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


    [Sec. 16005. (a) Nonwithstanding any other provision of law 
regarding the licensure of health-care providers, a health-care 
professional described in subsection (b) may practice the 
health profession or professions of the health-care 
professional at any location in any State, the District of 
Columbia, or Commonwealth, territory, or possession of the 
United States, or any location designated by the Secretary, 
regardless of where such health-care professional or the 
patient is located, so long as the practice is within the scope 
of the authorized Federal duties of such health-care 
professional.
    [(b) Definition. As used in this section, the term health-
care professional means an individual (other than a member of 
the Coast Guard, a civilian employee of the Coast Guard, member 
of the Public Health Service who is assigned to the Coast 
Guard, or an individual with whom the Secretary, pursuant to 10 
U.S.C. 1091, has entered into a personal services contract to 
carry out health care responsibilities of the Secretary at a 
medical treatment facility of the Coast Guard) who--
          [(1) is--
                  [(A) an employee of the Department of 
                Homeland Security,
                  [(B) a detailee to the Department from 
                another Federal agency,
                  [(C) or personal services contractor of the 
                Department, or
                  [(D) hired under a Contract for Services;
          [(2) performs health care services as part of duties 
        of the individual in that capacity;
          [(3) has a current, valid, and unrestricted 
        equivalent license certification that is--
                  [(A) issued by a State, the District of 
                Columbia, or a Commonwealth, territory, or 
                possession of the United States; and
                  [(B) for the practice of medicine, 
                osteopathic medicine, dentistry, nursing, 
                emergency medical services, or another health 
                profession; and
          [(4) is not affirmatively excluded from practice in 
        the licensing or certifying jurisdiction or in any 
        other jurisdiction.
    [(c) Subsection (a) shall apply during the incident period 
of the emergency declared by the President on March 13, 2020, 
pursuant to section 501(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121(b)), and to 
any subsequent major declaration under section 401 of such Act 
that supersedes such emergency declaration.]

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