[Senate Report 118-124]
[From the U.S. Government Publishing Office]


                                                         Calendar No. 268
  
118th Congress }                                                  {  Report
                               SENATE                                            
                                          
1st Session    }                                                   { 118-124
_______________________________________________________________________

                                     

                                                       


                     OFFICES OF COUNTERING WEAPONS

          OF MASS DESTRUCTION AND HEALTH SECURITY ACT OF 2023

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1798

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




               December 11, 2023.--Ordered to be printed
               
               
                        ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 49-010             WASHINGTON : 2024 
               
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut      JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California       ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
         Christopher J. Mulkins, Director of Homeland Security
            Sapana R. Vora, Senior Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
          Megan M. Krynen, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk
                     
                     

                                                       Calendar No. 268
                                                       
118th Congress }                                                 { Report
                                 SENATE
 1st Session   }                                                 { 118-124

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



 
 OFFICES OF COUNTERING WEAPONS OF MASS DESTRUCTION AND HEALTH SECURITY 
                              ACT OF 2023

                                _______
                                

               December 11, 2023.--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. 1798]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1798), 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, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends 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.............6
  V. Evaluation of Regulatory Impact..................................8
 VI. Congressional Budget Office Cost Estimate........................9
VII. Changes in Existing Law Made by the Bill, as Reported...........11

                         I. Purpose and Summary

    The Offices of Countering Weapons of Mass Destruction and 
Health Security Act of 2023 re-authorizes the Countering 
Weapons of Mass Destruction (CWMD) Office and authorizes the 
newly formed Office of Health Security (OHS) at the Department 
of Homeland Security (DHS).
    The legislation more clearly defines CWMD Office 
responsibilities, including coordination with DHS components 
and state, local, tribal, and territorial entities to safeguard 
against weapons of mass destruction, non-medical aspects of 
chemical, biological, radiological, nuclear (CBRN), and other 
related emerging threats, and further clarifies specific 
chemical and biological responsibilities the office should 
perform. The bill expands oversight of the CWMD Office by 
requiring a Government Accountability Office (GAO) assessment 
of the programs and activities that execute the CWMD Office's 
mission and a report from the National Academies of Sciences, 
Engineering, and Medicine focused on biodetection, 
biosurveillance, and health security. This bill also charges 
the CWMD Office with producing a Department-wide strategy to 
counter weapons of mass destruction, CBRN, and other related 
emerging threats that will be reported to Congress and updated 
every four years, a biodefense review and subsequent strategy 
and implementation plan that will be briefed to Congress and 
reviewed by DHS every five years, and a strategy and 
implementation plan to improve employee morale at the CWMD 
Office, which is amongst the lowest of any agency component in 
the federal government.
    The bill also authorizes the newly formed OHS and lays out 
its responsibilities. The new office is headed by the Chief 
Medical Officer that will be dually appointed as the Assistant 
Secretary for Health Security. The bill requires the office to 
support and advise on all medical and workforce health 
activities of the Department, including direct patient care, 
employee health, and coordinating with federal, state, local, 
tribal, and territorial governments, the medical community, and 
others within and outside the Department.\1\
---------------------------------------------------------------------------
    \1\On August 3, 2022, the Committee approved S. 4465, the Offices 
of Countering Weapons of Mass Destruction and Health Security Act of 
2022. That bill is substantially similar to S. 1798. Accordingly, this 
committee report is, in many respects, similar to the committee report 
for S. 4465. See S. Rept. 117-276.
---------------------------------------------------------------------------

              II. Background and Need for the Legislation

    CBRN weapons and other related emerging threats have the 
potential to cause mass causalities and disruption to society. 
Technological advances combined with nefarious intent by 
various groups have increased the risk of CBRN weapons being 
used against the U.S. homeland.\2\ Ensuring the nation is 
prepared to prevent potential attacks and effectively respond 
in a worst-case scenario requires engagement at all levels of 
government between the federal government and state, local, 
tribal, and territorial entities.
---------------------------------------------------------------------------
    \2\U.S. Department of Homeland Security, Homeland Threat Assessment 
(Oct. 2020).
---------------------------------------------------------------------------
    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.\3\ In 2018, the Organisation for the 
Prohibition of Chemical Weapons determined that Russia was 
responsible for using a chemical weapon, specifically an 
advanced nerve agent, in an assassination attempt in the United 
Kingdom.\4\ 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.\5\ In 2015, the United 
States also confirmed that the Islamic State of Iraq and Syria 
used crude formulations of chlorine and sulfur mustard, made 
from industrial and commercially available chemicals, to attack 
areas in northeastern Syria, which resulted in reported cases 
of chemical burns and respiratory distress.\6\ These examples 
of chemical attacks illustrate a worrying trend in use by state 
and non-state actors.
---------------------------------------------------------------------------
    \3\U.S. Department of State, Syria: Eighth Anniversary of the 
Ghouta Chemical Weapons Attack (Aug. 21, 2021).
    \4\Organisation 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. 12, 2021).
    \5\Department of State, Bureau of International Security and 
Nonproliferation; Determinations Regarding Use of Chemical Weapons by 
North Korea Under the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, 83 Fed. Reg. 9362 (Mar. 5, 2018) 
(notice).
    \6\C.J Chivers and Eric Schmitt, Islamic State Ordnance Shows 
Traces of Chemical Agents, U.S. Says, New York Times (Sept. 11, 2015).
---------------------------------------------------------------------------
    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.\7\ In 1984, the Rajneeshees, a religious 
cult, used Salmonella to poison 751 people in Oregon 
immediately before an election to prevent people from 
voting.\8\ 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.\9\ These attacks (also 
referred to as Amerithrax) ended up killing five people and 
injuring an additional 17 and showed that biological agents can 
be misused to intentionally harm individuals.\10\ Costs to 
decontaminate the facilities infected during Amerithrax were 
estimated to be at least $320 million.\11\ 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.\12\
---------------------------------------------------------------------------
    \7\World Health Organization, Biological Weapons.
    \8\Thomas J. Torok, et al., A Large Community Outbreak of 
Salmonellosis Caused by Intentional Contamination of Restaurant Salad 
Bars, Journal of the American Medical Association (Aug. 6, 1997).
    \9\David A. Rasko, et al., Bacilllus anthracis comparative genome 
analysis in support of the Amerithrax investigation, Proceedings of the 
National Academy of Science (Mar. 7, 2011).
    \10\Id.
    \11\Ketra Schmitt and Nicolas A. Zacchia, Total Decontamination 
Cost of the Anthrax Letter Attacks, Biosecurity and Bioterrorism: 
Biodefense Strategy, Practice, and Science (Mar. 2012).
    \12\Gregory B. Knudson, Nuclear, Biological, and Chemical Training 
in the U.S. Army Reserves: Mitigating Psychological Consequences of 
Weapons of Mass Destruction, Military Medicine (Dec. 1, 2001); Manfred 
S. Green, et al., Confronting the threat of bioterrorism: realities, 
challenges, and defensive strategies, The Lancet Infectious Diseases 
(Oct. 16, 2018).
---------------------------------------------------------------------------
    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 is a general credible 
threat regarding the malevolent use of radioactive materials in 
the United States.\13\ 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.\14\ 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 law enforcement and the Federal Bureau of Investigation 
arrested him before he could do so.\15\
---------------------------------------------------------------------------
    \13\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).
    \14\Government Accountability Office, Security of Radioactive 
Materials (GAO-22-105498) (Apr. 2022).
    \15\Id.

    The Offices of Countering Weapons of Mass Destruction and 
Health Security Act of 2023 clarifies and refines the 
Countering Weapons of Mass Destruction Act of 2018 that 
established the CWMD Office to serve as a focal point at DHS to 
counter weapons of mass destruction threats, strengthen DHS-
wide coordination and federal interagency cooperation for this 
mission, and provide direct support to DHS, federal 
interagency, and state, local, tribal, and territorial 
partners. Since its establishment, the CWMD Office has 
maintained its original mission while also focusing on CBRN 
threats to address the wide range of threats the homeland 
faces. The Offices of Countering Weapons of Mass Destruction 
and Health Security Act of 2023 better defines CWMD Office 
responsibilities, including coordination with DHS components 
and state, local, and tribal entities to prevent, detect, 
protect against, and mitigate the impacts of weapons of mass 
destruction or CBRN and other related emerging threats, and 
clarifies specific chemical and biological responsibilities the 
office should perform to address a gap in the original 
authorization. The office's updated responsibilities would 
include providing expert guidance and advice on weapons of mass 
destruction and CBRN and other related emerging threats issues 
across the Department. In addition, the office would be 
responsible for coordinating with DHS components on developing 
policies and strategies, providing intelligence and information 
analysis, assessing risks, and funding research and development 
activities. Furthermore, the bill requires the office to lead 
development and prioritization of the requirements to counter 
weapons of mass destruction and CBRN and other related emerging 
threats, as well as conduct testing to ensure that technologies 
meet the requirements. The bill also requires the CWMD Office 
to support and enhance information sharing with various 
stakeholders (e.g., law enforcement, state, local, and tribal 
governments) to ensure they are better informed of information 
on CBRN 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 oversight over the CWMD Office by 
Congress and independent entities. For instance, the Department 
will be tasked with producing and regularly updating a 
Department-wide strategy to counter weapons of mass destruction 
and CBRN 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 the programs and 
activities that execute the CWMD Office mission and establishes 
an advisory committee that will help leadership of the CWMD 
Office address weapons of mass destruction, CBRN, and other 
related emerging threats. Additionally, in response to 
Congressional concern over the status of aerosolized 
environmental biological detection performed by DHS, this bill 
requires a Department-wide biodefense review and strategy. The 
legislation also requires the National Academies of Sciences, 
Engineering, and Medicine to perform a consensus study on 
biodetection, biosurveillance, and health security at DHS. The 
legislation leaves the flexibility for DHS to transition to 
updated technology if it is determined there is a more 
effective mechanism that DHS could use to help reduce the 
impact of a biological terrorism attack (including through 
early detection).
    The bill also authorizes the newly formed OHS and lays out 
the responsibilities of the new office. OHS was created on July 
18, 2022 through the Homeland Security Act of 2002, section 872 
authority to reorganize the mission of the Chief Medical 
Officer from the CWMD Office to report to the Secretary of 
DHS.\16\ According to DHS, 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.\17\ This bill 
will require the new office to be headed by the Chief Medical 
Officer that will also be dually appointed as the Assistant 
Secretary for Health Security, and the legislation details the 
qualifications for the position. The office will support 
medical activities of the Department and all workforce-focused 
health and safety activities of the Department. In addition, 
the legislation includes responsibilities related to 
psychological health counseling and assistance programs of the 
Department. The bill provides the authority granted to other 
Departments with regards to confidentiality of medical records 
which protects medical records from disclosure to enable rapid 
identification of health issues, identify best practices, and 
develop new training. To help ensure proper Congressional 
oversight, the legislation requires that OHS publish a 
Department-wide strategy and implementation plan to address 
health threats and provided a briefing to relevant 
congressional committees on the organizational transformations 
of OHS.
---------------------------------------------------------------------------
    \16\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.
    \17\Department of Homeland Security, DHS Establishes New Office of 
Health Security (July 19, 2022).
---------------------------------------------------------------------------

                        III. Legislative History

    Senator Gary Peters (D-MI) introduced S. 1798, the Offices 
of Countering Weapons of Mass Destruction and Health Security 
Act of 2023, on June 1, 2023, with original cosponsor Senator 
John Cornyn (R-TX). The bill was referred to the Committee on 
Homeland Security and Governmental Affairs.
    The Committee considered S. 1798 at a business meeting on 
June 14, 2023. At the business meeting, Senator Peters offered 
a substitute amendment to the bill, as well as a modification 
to the substitute amendment. The Peters substitute amendment, 
as modified, incorporated technical drafting assistance from 
DHS and added an assessment of the risk of high-risk gain-of-
function research to homeland security and identification of 
the gaps in the DHS response to that risk. The Peters 
substitute amendment, as modified, also added provisions to 
ensure members of the advisory council for the office uphold 
ethical standards and avoid conflicts of interest. The 
Committee adopted the modification to the Peters substitute 
amendment by unanimous consent with Senators Peters, Carper, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Blumenthal, Paul, 
Lankford, Romney, Scott, Hawley, and Marshall present. The 
Committee adopted the Peters substitute amendment as modified 
by voice vote with Senators Peters, Carper, Hassan, Sinema, 
Rosen, Padilla, Ossoff, Blumenthal, Paul, Lankford, Romney, 
Scott, Hawley, and Marshall present.
    Senator Paul offered an amendment to the bill to require 
DHS to carry out a risk assessment of gain-of-function 
research, submit that assessment to Congress, and a GAO review 
of the assessment once complete. The Committee did not adopt 
the Paul amendment by voice vote with Senators Peters, Carper, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Blumenthal, Paul, 
Lankford, Romney, Scott, Hawley, and Marshall present. Senator 
Paul offered an amendment to the bill requiring DHS provide all 
intelligence assessments related to the origins of the COVID-19 
pandemic to Congress. The Committee did not adopt the Paul 
amendment by a roll call vote of 7 yeas and 8 nays, with 
Senators Paul, Lankford, Romney, Scott, Hawley, and Marshall 
voting in the affirmative, and Senators Peters, Carper, Hassan, 
Sinema, Rosen, Padilla, Ossoff, and Blumenthal voting in the 
negative. Senator Johnson voted yea by proxy.
    The bill, as amended by the Peters substitute amendment as 
modified, was ordered reported favorably by roll call vote of 
12 yeas to 2 nays, with Senators Peters, Carper, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Blumenthal, Lankford, Romney, 
Scott, and Hawley voting in the affirmative, and Senators Paul 
and Marshall voting in the negative. Senator Johnson voted yea 
by proxy, for the record only.
    Consistent with Committee Rule 3(G), the Committee reports 
the bill with a technical amendment by mutual agreement of the 
Chairman and Ranking Member.

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


Section 1. Short title, Table of contents

    Subsection (a) establishes the short title of the bill as 
the ``Offices of Countering Weapons of Mass Destruction and 
Health Security Act of 2023.''
    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 amends the Homeland Security Act of 2002 by 
reauthorizing the CWMD Office at DHS. This section adds 
language to the Homeland Security Act of 2002 detailing the 
mission of the CWMD Office to coordinate efforts across DHS to 
counter weapons of mass destruction as well as CBRN 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 on non-medical aspects of CBRN and other 
related emerging threats; identifying, assessing, and 
prioritizing any gaps that DHS has in regards to weapons of 
mass destruction; its CBRN detection and reporting 
responsibilities; improving coordination related to--and 
prevention, detection, mitigation, and protection against--
chemical and biological threats (including leading DHS in 
developing and operating a national biological detection system 
that improves over time); and lead the development and 
prioritization of Department requirements for countering 
weapons of mass destruction and CBRN and other related emerging 
threats.
    The section states how DHS should work with different DHS 
components. For instance, the CWMD Office will coordinate with 
the DHS Office of Strategy, Policy and Plans to lead the 
development of policies and strategies on weapons of mass 
destruction, CBRN, and other related emerging threats. The CWMD 
Office will coordinate with the DHS Office of Intelligence and 
Analysis to provide intelligence and information analysis on 
weapons of mass destruction, CBRN, and other related emerging 
threats. Furthermore, the CWMD Office will consult with the DHS 
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 types of threats. The CWMD Office will coordinate 
with the newly authorized OHS to support federal, state, local, 
and tribal partners on CBRN and other related emerging threats 
health matters. The legislation calls for the CWMD Office to 
consult with other Federal agencies and state, local, and 
tribal governments.
    The legislation includes an accountability section that 
requires DHS to produce a Department-wide strategy and 
implementation plan to counter CBRN and other related threats, 
as well as Department-wide review, strategy, and implementation 
plans specifically focused on biodefense. These strategies will 
be reviewed updated as necessary at least every four and five 
years, respectively, and the Office will provide a report or 
briefing to Congress on those strategies and implementation 
plans. The CWMD Office also is required to conduct a review of 
the employee morale and brief the appropriate congressional 
committees on the findings. As an additional oversight measure, 
the bill requires GAO to conduct a review no later than one 
year after the enactment of this bill to examine whether the 
CWMD Office is making improvements in carrying out its mission, 
including how it is prioritizing programmatic activities and 
other efforts, effectively coordinating and collaborating with 
relevant stakeholders across the Department (including 
operational and support components such as those mentioned 
above), and managing research and development cycles. 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 to the homeland, 
recommendations to improve biosurveillance efforts, and 
feasibility of different biological detection technologies. 
After the study is released, the Office will brief the 
appropriate congressional committees on its implementation of 
the study recommendations and status of biological detection in 
the Department. The bill authorizes an advisory council provide 
guidance, input, and advice 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 as modifying any existing authority under 
any provision of law not expressly amended by this title.

                  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 a chief medical officer whose role will be the 
Assistant Secretary for Health Security and the Chief Medical 
Officer for the Department, whose responsibilities and 
qualifications this section provides. Responsibilities of the 
Office include overseeing medical and public health activities 
of DHS; advising on the collection, storage and oversight of 
medical records. OHS must advise the heads of DHS components 
that deliver direct patient care on the recruitment and 
appointment of chief medical officers. OHS shall advise on 
psychological health counseling and assistance programs, and: 
(1) ensure such programs have appropriate safeguards in place 
related to adverse actions and referral processes; (2) increase 
availability of psychological health professionals; (3) 
establish behavioral health curriculum and training programs; 
and (4) improve existing and create employee support programs. 
This section establishes a Privacy Officer in OHS and describes 
its responsibilities. OHS is responsible for a strategy and 
implementation plan to address medical activities of, and the 
workforce health and safety matters under the purview of, the 
Department, and a briefing to appropriate congressional 
committees on the creation of the office.

Section 202. 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. It also regulates 
disclosure and testimony regarding a medical quality assurance 
record and would ensure confidentiality of medical quality and 
assurance records is similar to other Federal government 
agencies that provide medical care. This section 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 203. Technical and conforming amendments

    This section makes 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




    The bill would:
           Permanently reauthorize the Department of 
        Homeland Security's (DHS's) 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
           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 DHS 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. 1798 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. 1798 also would create an Office of Health Security 
(OHS) within DHS. That office would assume responsibility for 
all of the department's medical and public health activities 
that are currently handled by other offices, including food, 
agriculture, and veterinary defense, as well as workforce 
health and safety. The bill also would protect any medical 
record created by DHS from disclosure, with certain exceptions, 
and create new fines for any person who willfully discloses 
such a record.
    S. 1798 would require the National Academies of Sciences, 
Engineering and Medicine to study DHS's role in preparing for 
biological and health security threats and the Government 
Accountability Office to review CWMD's efforts and 
effectiveness.
    Estimated Federal cost: The estimated budgetary effect of 
S. 1798 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. 1798
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2023    2024    2025    2026    2027    2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Office of Countering Weapons of Mass Destruction:
    Estimated Authorization..........................       0     336     455     466     477     487      2,221
    Estimated Outlays................................       0      77     225     351     421     457      1,531
Office of Health Security:
    Estimated Authorization..........................       0      17      23      24      24      25        113
    Estimated Outlays................................       0       7      17      21      22      24         91
Total Changes:
    Estimated Authorization..........................       0     353     478     490     501     512      2,334
    Estimated Outlays................................       0      84     242     372     443     481      1,622
----------------------------------------------------------------------------------------------------------------
CBO estimates that enacting S. 1798 would increase revenues by less than $500,000 over the 2023-2033 period.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2023 and that 
the estimated amounts will be provided for each year beginning 
in 2024.
    Spending subject to appropriation: CBO estimates that 
implementing S. 1798 would cost $1.6 billion over the 2024-2028 
period.
    Office of Countering Weapons of Mass Destruction. The 
Congress appropriated $431 million for CWMD in 2023 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. Another $21 million was 
transferred for purposes that would fall under the jurisdiction 
of OHS. Accounting for anticipated inflation, the transfer of 
funds to OHS, CWMD's current authorization through December 
2023, and the cost of similar reports, CBO estimates 
implementing this provision would cost $1.5 billion over the 
2023-2028 period, assuming appropriation of the estimated 
amounts.
    Office of Health Security. S. 1798 would consolidate 
medical and public health efforts into OHS. Many of those 
activities are permanently authorized but the agency's 
activities related to veterinary defense and food and 
agriculture security are part of CWMD and their authority 
expires in December 2023. Using information from the office, 
CBO estimates that S. 1798 would effectively transfer 35 
existing employees and $21 million to the new Office of Health 
Security and permanently reauthorize those activities. 
Accounting for anticipated inflation and the cost of the 
activities that are not permanently authorized, CBO estimates 
that creating OHS would cost $91 million over the 2024-2028 
period, assuming appropriation of the estimated amounts.
    Revenues: S. 1798 would create a new $3,000 civil 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 about the expected number of 
offenses, CBO estimates that S. 1798 would increase revenues by 
an insignificant amount each year and in total over the 2023-
2033 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 the bill would increase 
revenues by less than $500,000 over the 2023-2033 period.
    Increase in long-term net direct spending and deficits: 
None.
    Mandates: None.
    Previous CBO estimate: On June 6, 2023, CBO transmitted a 
cost estimate for H.R. 3224, the Countering Weapons of Mass 
Destruction Extension Act of 2023, as ordered reported by the 
House Committee on Homeland Security on May 17, 2023. The two 
bills are similar, and CBO's estimates of the cost of 
authorizing CWMD are similar. S. 1798 would require additional 
reporting requirements within CWMD, would create the Office of 
Health Security, and would impose new fines on people who 
willfully disclose a medical record created by DHS. CBO's 
estimate of S. 1798 reflects those differences.
    Estimate prepared by: Federal costs: Jeremy Crimm; 
Mandates: Rachel Austin.
    Estimate reviewed by: Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; Christina 
Hawley Anthony, Deputy Director of Budget Analysis; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

       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. 1921. 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.
Sec. 2305. Rules of construction.
Sec. 2306. Confidentiality of medical quality assurance records.
     * * * * * * *

TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 103. OTHER OFFICERS.

    (a) Deputy Secretary; Under Secretaries.--
          (1) * * *
                  (A) * * *
                  (B) * * *
          (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) * * *
    (c) * * *
    (d) * * *
        (1) * * *
        (2) * * *
        (3) * * *
        (4) * * *
        (5) * * *
        (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.] 528. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH 
                    EMERGENCY.

           *       *       *       *       *       *       *


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) * * *
    (c) * * *
    (d) * * *
    (e) * * *
          (1) * * *
          (2) * * *
          (3) * * *
          (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) weapons of mass destruction matters and 
        strategies; and
          [(2) coordinating the efforts of the Department to 
        counter weapons of mass destruction.]
          (1) matters and strategies pertaining to--
                  (A) weapons of mass destruction; and
                  (B) non-medical aspects of chemical, 
                biological, radiological, nuclear, and other 
                related emerging threats;
          (2) coordinating the efforts of the Department to 
        counter--
                  (A) weapons of mass destruction; and
                  (B) non-medical aspects of chemical, 
                biological, radiological, nuclear, and other 
                related emerging threats; and
          (3) enhancing the ability of Federal, State, local, 
        and Tribal partners to prevent, detect, protect 
        against, and mitigate the impacts of terrorist attacks 
        in the United States to counter--
                  (A) weapons of mass destruction; and
                  (B) non-medical aspects of use of 
                unauthorized chemical, biological, 
                radiological, and nuclear materials, devices, 
                or agents and other related emerging threats.
    (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 coordinating with 
other Federal efforts and developing a strategy and policy for 
the Department to plan for, detect, and protect against the 
importation, possession, storage, transportation, development, 
or use of unauthorized chemical, biological, radiological, or 
nuclear materials, devices, or agents in the United States and 
to protect against an attack using such materials, devices, or 
agents against the people, territory, or interests of the 
United States.]
    The Office shall be responsible for--
          (1) coordinating the efforts of the Department and 
        with other Federal departments and agencies to 
        counter--
                  (A) weapons of mass destruction; and
                  (B) chemical, biological, radiological, 
                nuclear, and other related emerging threats; 
                and
          (2) enhancing the ability of Federal, State, local, 
        and Tribal partners to prevent, detect, protect 
        against, and mitigate the impacts of attacks using--
                  (A) weapons of mass destruction against the 
                United States; or
                  (B) unauthorized chemical, biological, 
                radiological, nuclear materials, devices, or 
                agents or other related emerging threats 
                against the United States.

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 non-
                medical aspects of chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats, subject to the research, 
                development, testing, and evaluation 
                coordination requirement described in 
                subparagraph (G);
                  (B) in coordination with the Office of 
                Strategy, Policy, and Plans, lead development 
                of policies and strategies to counter weapons 
                of mass destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats on behalf of the Department;
                  (C) identify, assess, and prioritize 
                capability gaps relating to the strategic and 
                mission objectives of the Department for 
                weapons of mass destruction and chemical, 
                biological, radiological, nuclear, and other 
                related emerging threats;
                  (D) in coordination with the Office of 
                Intelligence and Analysis, support components 
                of the Department, and Federal, State, local, 
                and Tribal partners by providing intelligence 
                and information analysis and reports on weapons 
                of mass destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats;
                  (E) in consultation with the Science and 
                Technology Directorate, assess risk to the 
                United States from weapons of mass destruction 
                and chemical, biological, radiological, 
                nuclear, and other related emerging threats;
                  (F) lead development and prioritization of 
                Department requirements to counter weapons of 
                mass destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats, subject to the research, 
                development, testing, and evaluation 
                coordination requirement described in 
                subparagraph (G), which requirements shall be--
                          (i) developed in coordination with 
                        end users; and (ii) reviewed by the 
                        Joint Requirements Council, as directed 
                        by the Secretary;
                  (G) in coordination with the Science and 
                Technology Directorate, direct, fund, and 
                coordinate capability development activities to 
                counter weapons of mass destruction and 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats research, 
                development, test, and evaluation matters, 
                including research, development, testing, and 
                evaluation expertise, threat characterization, 
                technology maturation, prototyping, and 
                technology transition;
                  (H) acquire, procure, and deploy capabilities 
                to counter weapons of mass destruction and 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats, and serve 
                as the lead advisor of the Department on 
                component acquisition, procurement, and 
                deployment of counter-weapons of mass 
                destruction capabilities;
                  (I) in coordination with the Office of Health 
                Security, support components of the Department, 
                and Federal, State, local, and Tribal partners 
                on chemical, biological, radiological, nuclear, 
                and other related emerging threats health 
                matters;
                  (J) provide expertise on weapons of mass 
                destruction and non-medical aspects of 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats to 
                Departmental and Federal partners to support 
                engagements and efforts with international 
                partners subject to the research, development, 
                testing, and evaluation coordination 
                requirement under subparagraph (G); and
                  (K) carry out any other duties assigned to 
                the Office by the Secretary.
          (2) Detection and reporting.--For purposes of the 
        detection and reporting responsibilities of the Office 
        for weapons of mass destruction and chemical, 
        biological, radiological, nuclear, and other related 
        emerging threats, the Office shall--
                  (A) in coordination with end users, including 
                State, local, and Tribal partners, as 
                appropriate--
                          (i) carry out a program to test and 
                        evaluate technology, in consultation 
                        with the Science and Technology 
                        Directorate, to detect and report on 
                        weapons of mass destruction and 
                        chemical, biological, radiological, 
                        nuclear, and other related emerging 
                        threats, in coordination with other 
                        Federal agencies, as appropriate, and 
                        establish performance metrics to 
                        evaluate the effectiveness of 
                        individual detectors and detection 
                        systems in detecting those weapons of 
                        mass destruction or chemical, 
                        biological, radiological, nuclear, or 
                        other related emerging threats--
                                  (I) under realistic 
                                operational and environmental 
                                conditions; and
                                  (II) against realistic 
                                adversary tactics and 
                                countermeasures;
                  (B) in coordination with end users, conduct, 
                support, coordinate, and encourage a 
                transformational program of research and 
                development to generate and improve 
                technologies to detect, protect against, and 
                report on the illicit entry, transport, 
                assembly, or potential use within the United 
                States of weapons of mass destruction and 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats, and 
                coordinate with the Under Secretary for Science 
                and Technology on research and development 
                efforts relevant to the mission of the Office 
                and the Under Secretary for Science and 
                Technology;
                  (C) before carrying out operational testing 
                under subparagraph (A), develop a testing and 
                evaluation plan that articulates the 
                requirements for the user and describes how 
                these capability needs will be tested in 
                developmental test and evaluation and 
                operational test and evaluation;
                  (D) as appropriate, develop, acquire, and 
                deploy equipment to detect and report on 
                weapons of mass destruction and chemical, 
                biological, radiological, nuclear, and other 
                related emerging threats in support of Federal, 
                State, local, and Tribal governments;
                  (E) support and enhance the effective sharing 
                and use of appropriate information on weapons 
                of mass destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats generated by elements of the 
                intelligence community, law enforcement 
                agencies, other Federal agencies, State, local, 
                and Tribal governments, and foreign 
                governments, as well as provide appropriate 
                information to those entities;
                  (F) consult, as appropriate, with relevant 
                Departmental components and offices, the 
                Department of Health and Human Services, and 
                other Federal partners, on weapons of mass 
                destruction and non-medical aspects of 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats and efforts 
                to mitigate, prepare, and respond to all 
                threats in support of the State, local, and 
                Tribal communities; and
                  (G) perform other duties as assigned by the 
                Secretary.
    [(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] operation 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) to ensure] activities to ensure an 
                enduring national technical nuclear forensics 
                capability to strengthen the collective 
                response of the United States to nuclear 
                terrorism or other nuclear [attacks; and] 
                attacks;
                  [(B) to coordinate and implement the national 
                strategic five-year plan referred to in 
                paragraph (10);]
          [(12)] (7) establish a National Nuclear Forensics 
        Expertise Development Program, which--
                  (A) * * *
                  (B) * * *
                  (C) shall--
                          (i) * * *
                          (ii) * * *
                          (iii) * * *
                          (iv) * * *
                          (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) provide an annual report to Congress on the 
        activities carried out under paragraphs (10), (11), and 
        (12); and]
          [(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, mitigate, and protect against the importation, 
        possession, storage, transportation, development, or 
        use of unauthorized chemical and biological materials, 
        devices, or agents against the United States; and
          (2) shall--
                  (A) serve as a primary entity responsible for 
                the efforts of the Department to develop, 
                acquire, deploy, and support the operations of 
                a national biological detection system and 
                improve that system over time;
                  (B) enhance the chemical and biological 
                detection efforts of Federal, State, local, and 
                Tribal governments and provide guidance, tools, 
                and training to help ensure a managed, 
                coordinated response; and
                  (C) collaborate with the Department of Health 
                and Human Services, the Office of Health 
                Security of the Department, the Defense 
                Advanced Research Projects Agency, the National 
                Aeronautics and Space Administration, and other 
                relevant Federal stakeholders, and receive 
                input from industry, academia, and the national 
                laboratories on chemical and biological 
                surveillance efforts.
    [(b)] (d) Definitions.--In this section:
          (1) * * *
          (2) * * *
          (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.--The Secretary, the Attorney General, 
        the Secretary of State, the Secretary of Defense, the 
        Secretary of Energy, and the Director of National 
        Intelligence shall jointly ensure interagency 
        coordination on the development and implementation of 
        the global nuclear detection architecture by ensuring 
        that, not less frequently than once each year--
                  (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) Establishment.--The Secretary, through the Assistant 
Secretary, shall establish a program, to be known as the 
``Securing the Cities'' or ``STC'' program, to enhance the 
ability of the United States to detect and prevent terrorist 
attacks and other high-consequence events utilizing nuclear or 
other radiological materials that pose a high risk to homeland 
security in [high-risk urban areas] jurisdictions designated 
under subsection (c).
    (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 2023, 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 2023, and 
        every 4 years thereafter, the Secretary shall create a 
        Departmentwide strategy and implementation plan to 
        counter weapons of mass destruction and chemical, 
        biological, radiological, nuclear, and other related 
        emerging threats, which should--
                  (A) have clearly identified authorities, 
                specified roles, objectives, benchmarks, 
                accountability, and timelines;
                  (B) incorporate the perspectives of non-
                Federal and private sector partners; and
                  (C) articulate how the Department will 
                contribute to relevant national-level 
                strategies and work with other Federal 
                agencies.
          (2) Consideration.--The Secretary shall appropriately 
        consider weapons of mass destruction and chemical, 
        biological, radiological, nuclear, and other related 
        emerging threats when creating the strategy and 
        implementation plan required under paragraph (1).
          (3) Report.--The Office shall submit to the 
        appropriate congressional committees a report on the 
        updated Departmentwide strategy and implementation plan 
        required under paragraph (1).
    (b) Departmentwide Biodefense Review and Strategy.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Offices of Countering Weapons 
        of Mass Destruction and Health Security Act of 2023, 
        the Secretary, in consultation with appropriate 
        stakeholders representing Federal, State, local, 
        Tribal, academic, private sector, and nongovernmental 
        entities, shall conduct a Departmentwide review of 
        biodefense activities and strategies.
          (2) Review.--The review required under paragraph (1) 
        shall--
                  (A) identify with specificity the biodefense 
                lines of effort of the Department, including 
                biodefense lines of effort relating to 
                biodefense roles, responsibilities, and 
                capabilities of components and offices of the 
                Department;
                  (B) assess how such components and offices 
                coordinate internally and with public and 
                private partners in the biodefense enterprise;
                  (C) identify any policy, resource, 
                capability, or other gaps in the Department's 
                ability to assess, prevent, protect against, 
                and respond to biological threats;
                  (D) identify any organizational changes or 
                reforms necessary for the Department to 
                effectively execute its biodefense mission and 
                role, including with respect to public and 
                private partners in the biodefense enterprise; 
                and
                  (E) assess the risk of high-risk gain-of-
                function research to the homeland security of 
                the United States and identify the gaps in the 
                response of the Department to that risk.
          (3) Strategy.--Not later than 1 year after completion 
        of the review required under paragraph (1), the 
        Secretary shall issue a biodefense strategy for the 
        Department that--
                  (A) is informed by such review and is aligned 
                with section 1086 of the National Defense 
                Authorization Act for Fiscal Year 2017 (6 
                U.S.C. 104; relating to the development of a 
                national biodefense strategy and associated 
                implementation plan, including a review and 
                assessment of biodefense policies, practices, 
                programs, and initiatives) or any successor 
                strategy; and
                  (B) shall--
                          (i) describe the biodefense mission 
                        and role of the Department, as well as 
                        how such mission and role relates to 
                        the biodefense lines of effort of the 
                        Department;
                          (ii) clarify, as necessary, 
                        biodefense roles, responsibilities, and 
                        capabilities of the components and 
                        offices of the Department involved in 
                        the biodefense lines of effort of the 
                        Department;
                          (iii) establish how biodefense lines 
                        of effort of the Department are to be 
                        coordinated within the Department;
                          (iv) establish how the Department 
                        engages with public and private 
                        partners in the biodefense enterprise, 
                        including other Federal agencies, 
                        national laboratories and sites, and 
                        State, local, and Tribal entities, with 
                        specificity regarding the frequency and 
                        nature of such engagement by Department 
                        components and offices with State, 
                        local, and Tribal entities; and
                          (v) include information relating to--
                                  (I) milestones and 
                                performance metrics that are 
                                specific to the biodefense 
                                mission and role of the 
                                Department described in clause 
                                (i); and
                                  (II) implementation of any 
                                operational changes necessary 
                                to carry out clauses (iii) and 
                                (iv).
          (4) Periodic update.--Beginning not later than 5 
        years after the issuance of the biodefense strategy and 
        implementation plans required under paragraph (3), and 
        not less often than once every 5 years thereafter, the 
        Secretary shall review and update, as necessary, such 
        strategy and plans.
          (5) Congressional oversight.--Not later than 30 days 
        after the issuance of the biodefense strategy and 
        implementation plans required under paragraph (3), the 
        Secretary shall brief the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of 
        Representatives regarding such strategy and plans.
    (c) Employee morale.--Not later than 180 days after the 
date of enactment of the Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2023, the Office shall 
submit to and brief the appropriate congressional committees on 
a strategy and plan to continuously improve morale within the 
Office.
    (d) Comptroller general.--Not later than 1 year after the 
date of enactment of the Offices of Countering Weapons of Mass 
Destruction and Health Security Act of 2023, the Comptroller 
General of the United States shall conduct a review of and 
brief the appropriate congressional committees on--
          (1) the efforts of the Office to prioritize the 
        programs and activities that carry out the mission of 
        the Office, including research and development;
          (2) the consistency and effectiveness of stakeholder 
        coordination across the mission of the Office, 
        including operational and support components of the 
        Department and State and local entities; and
          (3) the efforts of the Office to manage and 
        coordinate the lifecycle of research and development 
        within the Office and with other components of the 
        Department, including the Science and Technology 
        Directorate.
    (e) National Academies of Sciences, Engineering, and 
Medicine.--
          (1) Study.--The Secretary shall enter into an 
        agreement with the National Academies of Sciences, 
        Engineering, and Medicine to conduct a consensus study 
        and report to the Secretary and the appropriate 
        congressional committees on--
                  (A) the role of the Department in preparing, 
                detecting, and responding to biological and 
                health security threats to the homeland;
                  (B) recommendations to improve departmental 
                biosurveillance efforts against biological 
                threats, including any relevant biological 
                detection methods and technologies; and
                  (C) the feasibility of different 
                technological advances for biodetection 
                compared to the cost, risk reduction, and 
                timeliness of those advances.
          (2) Briefing.--Not later than 1 year after the date 
        on which the Secretary receives the report required 
        under paragraph (1), the Secretary shall brief the 
        appropriate congressional committees on--
                  (A) the implementation of the recommendations 
                included in the report; and
                  (B) the status of biological detection at the 
                Department, and, if applicable, timelines for 
                the transition to updated technology.
    (f) Advisory Council.--
          (1) Establishment.--Not later than 180 days after the 
        date of enactment of the Offices of Countering Weapons 
        of Mass Destruction and Health Security Act of 2023, 
        the Secretary shall establish an advisory body to 
        advise on the ongoing coordination of the efforts of 
        the Department to counter weapons of mass destruction 
        and chemical, biological, radiological, nuclear, and 
        other related emerging threats, to be known as the 
        Advisory Council for Countering Weapons of Mass 
        Destruction (in this subsection referred to as the 
        `Advisory Council').
          (2) Membership.--The members of the Advisory Council 
        shall--
                  (A) be appointed by the Assistant Secretary; 
                and
                  (B) to the extent practicable, represent a 
                geographic (including urban and rural) and 
                substantive cross section of officials from 
                State, local, and Tribal governments, academia, 
                the private sector, national laboratories, and 
                nongovernmental organizations, including, as 
                appropriate--
                          (i) members selected from the 
                        emergency management field and 
                        emergency response providers;
                          (ii) State, local, and Tribal 
                        government officials;
                          (iii) experts in the public and 
                        private sectors with expertise in 
                        chemical, biological, radiological, or 
                        nuclear materials, devices, or agents;
                          (iv) representatives from the 
                        national laboratories; and
                          (v) such other individuals as the 
                        Assistant Secretary determines to be 
                        appropriate.
          (3) Responsibilities.--The Advisory Council shall--
                  (A) advise the Assistant Secretary on all 
                aspects of countering weapons of mass 
                destruction and chemical, biological, 
                radiological, nuclear, and other related 
                emerging threats;
                  (B) incorporate State, local, and Tribal 
                government, national laboratories, and private 
                sector input in the development of the strategy 
                and implementation plan of the Department for 
                countering weapons of mass destruction and 
                chemical, biological, radiological, nuclear, 
                and other related emerging threats; and
                  (C) provide advice on performance criteria 
                for a national biological detection system and 
                review the testing protocol for biological 
                detection prototypes.
          (4) Consultation.--To ensure input from and 
        coordination with State, local, and Tribal governments, 
        the Assistant Secretary shall regularly consult and 
        work with the Advisory Council on the administration of 
        Federal assistance provided by the Department, 
        including with respect to the development of 
        requirements of Office programs, as appropriate.
          (5) Voluntary service.--The members of the Advisory 
        Council shall serve on the Advisory Council on a 
        voluntary basis.
          (6) FACA.--Chapter 10 of title 5, United States Code, 
        shall not apply to the Advisory Council.
          (7) Qualifications.--Each member of the Advisory 
        Council shall--
                  (A) be impartial in any advice provided to 
                the Advisory Council; and
                  (B) not seek to advance any political 
                position or predetermined conclusion as a 
                member of the Advisory Council.

           *       *       *       *       *       *       *


                  [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] medical activities of the Department and all 
workforce-focused health and safety activities of the 
Department, including--
          (1) serving as the principal advisor on medical and 
        public health issues to the Secretary [, the 
        Administrator of the Federa] Emergency Management 
        Agency, the Assistant Secretary, and other Department 
        officials] and all other Department officials;
          (2) * * *
          (3) * * *
          (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 activities of the 
        Department, including the delivery, advisement, and 
        support of direct patient care and the organization, 
        management, and staffing of component operations that 
        deliver direct patient care;
          (6) advising the head of each component of the 
        Department that delivers direct patient care regarding 
        the recruitment and appointment of a component chief 
        medical officer and deputy chief medical officer or the 
        employees who function in the capacity of chief medical 
        officer and deputy chief medical officer;
          (7) advising the Secretary and the head of each 
        component of the Department that delivers direct 
        patient care regarding knowledge and skill standards 
        for medical personnel and the assessment of that 
        knowledge and skill;
          (8) in coordination with the Chief Privacy Officer of 
        the Department and the Chief Information Officer of the 
        Department, advising the Secretary and the head of each 
        component of the Department that delivers patient care 
        regarding the collection, storage, and oversight of 
        medical records;
          (9) with respect to any psychological health 
        counseling or assistance program of the Department, 
        including such a program of a law enforcement, 
        operational, or support component of the Department, 
        advising the head of each such component with such a 
        program regarding--
                  (A) ensuring such program includes safeguards 
                against adverse actions by such component with 
                respect to any employee solely because the 
                employee identifies a need for psychological 
                health counseling or assistance or receives 
                such assistance;
                  (B) ensuring such program includes safeguards 
                regarding automatic referrals for employment-
                related examinations or inquires that are based 
                solely on an employee who self identifies a 
                need for psychological health counseling or 
                assistance or receives such counseling or 
                assistance, except that such safeguards shall 
                not prevent a component referral to evaluate 
                the ability of an employee to meet established 
                medical or psychological standards by such 
                component or to evaluate the national security 
                eligibility of the employee;
                  (C) increasing the availability and number of 
                local psychological health professionals with 
                experience providing psychological support 
                services to personnel;
                  (D) establishing a behavioral health 
                curriculum for employees at the beginning of 
                their careers to provide resources early 
                regarding the importance of psychological 
                health;
                  (E) establishing periodic management training 
                on crisis intervention and such component's 
                psychological health counseling or assistance 
                program;
                  (F) improving any associated existing 
                employee peer support programs, including by 
                making additional training and resources 
                available for peer support personnel in the 
                workplace across such component;
                  (G) developing and implementing a voluntary 
                alcohol treatment program that includes a safe 
                harbor for employees who seek treatment;
                  (H) prioritizing, as appropriate, expertise 
                in the provision of psychological health 
                counseling and assistance for certain 
                populations of the workforce, such as employees 
                serving in positions within law enforcement, to 
                help improve outcomes for those employees 
                receiving that counseling or assistance; and
                  (I) including, when appropriate, 
                collaborating and partnering with key employee 
                stakeholders and, for those components with 
                employees with an exclusive representative, the 
                exclusive representative with respect to such a 
                program;
          (10) in consultation with the Chief Information 
        Officer of the Department--
                  (A) identifying methods and technologies for 
                managing, updating, and overseeing patient 
                records; and
                  (B) setting standards for technology used by 
                the components of the Department regarding the 
                collection, storage, and oversight of medical 
                records;
          (11) advising the Secretary and the head of each 
        component of the Department that delivers direct 
        patient care regarding contracts for the delivery of 
        direct patient care, other medical services, and 
        medical supplies;
          (12) coordinating with--
                  (A) the Countering Weapons of Mass 
                Destruction Office;
                  (B) other components of the Department as 
                directed by the Secretary;
                  (C) Federal agencies, including the 
                Department of Agriculture, the Department of 
                Health and Human Services, the Department of 
                State, and the Department of Transportation;
                  (D) State, local, and Tribal governments; and
                  (E) the medical community; and
          [(5)] (13) 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 
activities of the Department, may--
          (1) provide technical assistance, training, and 
        information to State, local, and Tribal governments and 
        nongovernmental organizations;
          (2) enter into agreements with other Federal 
        agencies; and
          (3) accept services from personnel of components of 
        the Department and other Federal agencies on a 
        reimbursable or nonreimbursable basis.
    (e) Office of Health Security Privacy Officer.--There shall 
be a Privacy Officer in the Office of Health Security with 
primary responsibility for privacy policy and compliance within 
the Office, who shall--
          (1) report directly to the Chief Medical Officer; and
          (2) ensure privacy protections are integrated into 
        all Office of Health Security activities, subject to 
        the review and approval of the Chief Privacy Officer of 
        the Department to the extent consistent with the 
        authority of the Chief Privacy Officer of the 
        Department under section 222.
    (f) Accountability.--
          (1) Strategy and implementation plan.--Not later than 
        180 days after the date of enactment of this 
        subsection, and every 4 years thereafter, the Secretary 
        shall create a Departmentwide strategy and 
        implementation plan to address medical activities of, 
        and the workforce health and safety matters under the 
        purview of, the Department.
          (2) Briefing.--Not later than 90 days after the date 
        of enactment of this subsection, the Secretary shall 
        brief the appropriate congressional committees on the 
        organizational transformations of the Office of Health 
        Security, including how best practices were used in the 
        creation of the Office of Health Security.

[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) * * *
          (2) * * *
          (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) * * *
          (5) * * *

[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) 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] National Security 
        Memorandum 16--Strengthening the Security and 
        Resilience of the United States Food and Agriculture.
          (2) * * *
          (3) * * *
          (4) * * *
          (5) * * *
          (6) Coordinating with the Department of Agriculture 
        and other appropriate Federal departments and agencies.

           *       *       *       *       *       *       *


[SEC. 1932] SEC. 2304. MEDICAL COUNTERMEASURES.

    (a) * * *

           *       *       *       *       *       *       *

    (f) * * *
    (1) * * *
    (2) * * *
    (A) * * *
                  (B) guidance on medical countermeasures of 
                the [Office of the Assistant Secretary for 
                Preparedness and Response] Administration for 
                Strategic Preparedness and Response and the 
                Centers for Disease Control and Prevention.

           *       *       *       *       *       *       *


SEC. 2305. RULES OF CONSTRUCTION.

    Nothing in this title shall be construed to--
          (1) override or otherwise affect the requirements 
        described in section 888;
          (2) require the advice of the Chief Medical Officer 
        on the appointment of Coast Guard officers or the 
        officer from the Public Health Service of the 
        Department of Health and Human Services assigned to the 
        Coast Guard;
          (3) provide the Chief Medical Officer with authority 
        to take any action that would diminish the 
        interoperability of the Coast Guard medical system with 
        the medical systems of the other branches of the Armed 
        Forces of the United States; or
          (4) affect or diminish the authority of the Secretary 
        of Health and Human Services or to grant to the Chief 
        Medical Officer any authority that is vested in, or 
        delegated to, the Secretary of Health and Human 
        Services.

SEC. 2306. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.

    (a) Definitions.--In this section:
          (1) Health care provider.--The term `health care 
        provider' means an individual who--
                  (A) is--
                          (i) an employee of the Department;
                          (ii) a detailee to the Department 
                        from another Federal agency;
                          (iii) a personal services contractor 
                        of the Department; or
                          (iv) hired under a contract for 
                        services with the Department;
                  (B) performs health care services as part of 
                duties of the individual in that capacity; and
                  (C) has a current, valid, and unrestricted 
                license or certification--
                          (i) that is issued by a State; and
                          (ii) that is for the practice of 
                        medicine, osteopathic medicine, 
                        dentistry, nursing, emergency medical 
                        services, or another health profession.
          (2) Medical quality assurance program.--The term 
        `medical quality assurance program' means any activity 
        carried out on or after the date of enactment of this 
        section by the Department to assess the quality of 
        medical care, including activities conducted by 
        individuals, committees, or other review bodies 
        responsible for quality assurance, credentials, 
        infection control, incident reporting, the delivery, 
        advisement, and support of direct patient care and 
        assessment (including treatment procedures, blood, 
        drugs, and therapeutics), medical records, health 
        resources management review, or identification and 
        prevention of medical, mental health, or dental 
        incidents and risks.
          (3) Medical quality assurance record of the 
        department.--The term `medical quality assurance record 
        of the Department' means the proceedings, records 
        (including patient records that the Department creates 
        and maintains as part of a system of records), minutes, 
        and reports that--
                  (A) emanate from quality assurance program 
                activities described in paragraph (2); and
                  (B) are produced or compiled by the 
                Department as part of a medical quality 
                assurance program.
    (b) Confidentiality of Records.--A medical quality 
assurance record of the Department that is created as part of a 
medical quality assurance program--
          (1) is confidential and privileged; and
          (2) except as provided in subsection (d), may not be 
        disclosed to any person or entity.
    (c) Prohibition on Disclosure and Testimony.--Except as 
otherwise provided in this section--
          (1) no part of any medical quality assurance record 
        of the Department may be subject to discovery or 
        admitted into evidence in any judicial or 
        administrative proceeding; and
          (2) an individual who reviews or creates a medical 
        quality assurance record of the Department or who 
        participates in any proceeding that reviews or creates 
        a medical quality assurance record of the Department 
        may not be permitted or required to testify in any 
        judicial or administrative proceeding with respect to 
        such record or with respect to any finding, 
        recommendation, evaluation, opinion, or action taken by 
        such individual in connection with such record.
    (d) Authorized Disclosure and Testimony.--
          (1) In general.--Subject to paragraph (2), a medical 
        quality assurance record of the Department may be 
        disclosed, and a person described in subsection (c)(2) 
        may give testimony in connection with the record, only 
        as follows:
                  (A) To a Federal agency or private 
                organization, if such medical quality assurance 
                record of the Department or testimony is needed 
                by the Federal agency or private organization 
                to--
                          (i) perform licensing or 
                        accreditation functions related to 
                        Department health care facilities, a 
                        facility affiliated with the 
                        Department, or any other location 
                        authorized by the Secretary for the 
                        performance of health care services; or
                          (ii) perform monitoring, required by 
                        law, of Department health care 
                        facilities, a facility affiliated with 
                        the Department, or any other location 
                        authorized by the Secretary for the 
                        performance of health care services.
                  (B) To an administrative or judicial 
                proceeding concerning an adverse action related 
                to the credentialing of or health care provided 
                by a present or former health care provider by 
                the Department.
                  (C) To a governmental board or agency or to a 
                professional health care society or 
                organization, if such medical quality assurance 
                record of the Department or testimony is needed 
                by the board, agency, society, or organization 
                to perform licensing, credentialing, or the 
                monitoring of professional standards with 
                respect to any health care provider who is or 
                was a health care provider for the Department.
                  (D) To a hospital, medical center, or other 
                institution that provides health care services, 
                if such medical quality assurance record of the 
                Department or testimony is needed by such 
                institution to assess the professional 
                qualifications of any health care provider who 
                is or was a health care provider for the 
                Department and who has applied for or been 
                granted authority or employment to provide 
                health care services in or on behalf of the 
                institution.
                  (E) To an employee, a detailee, or a 
                contractor of the Department who has a need for 
                such medical quality assurance record of the 
                Department or testimony to perform official 
                duties or duties within the scope of their 
                employment or contract.
                  (F) To a criminal or civil law enforcement 
                agency or instrumentality charged under 
                applicable law with the protection of the 
                public health or safety, if a qualified 
                representative of the agency or instrumentality 
                makes a written request that such medical 
                quality assurance record of the Department or 
                testimony be provided for a purpose authorized 
                by law.
                  (G) In an administrative or judicial 
                proceeding commenced by a criminal or civil law 
                enforcement agency or instrumentality described 
                in subparagraph (F), but only with respect to 
                the subject of the proceeding.
          (2) Personally identifiable information.--
                  (A) In general.--With the exception of the 
                subject of a quality assurance action, 
                personally identifiable information of any 
                person receiving health care services from the 
                Department or of any other person associated 
                with the Department for purposes of a medical 
                quality assurance program that is disclosed in 
                a medical quality assurance record of the 
                Department shall be deleted from that record 
                before any disclosure of the record is made 
                outside the Department.
                  (B) Application.--The requirement under 
                subparagraph (A) shall not apply to the release 
                of information that is permissible under 
                section 552a of title 5, United States Code 
                (commonly known as the `Privacy Act of 1974').
    (e) Disclosure for Certain Purposes.--Nothing in this 
section shall be construed--
          (1) to authorize or require the withholding from any 
        person or entity de-identified aggregate statistical 
        information regarding the results of medical quality 
        assurance programs, under de-identification standards 
        developed by the Secretary in consultation with the 
        Secretary of Health and Human Services, as appropriate, 
        that is released in a manner in accordance with all 
        other applicable legal requirements; or
          (2) to authorize the withholding of any medical 
        quality assurance record of the Department from a 
        committee of either House of Congress, any joint 
        committee of Congress, or the Comptroller General of 
        the United States if the record pertains to any matter 
        within their respective jurisdictions.
    (f) Prohibition on Disclosure of Information, Records, or 
Testimony.--A person or entity having possession of or access 
to a medical quality assurance record of the Department or 
testimony described in this section may not disclose the 
contents of the record or testimony in any manner or for any 
purpose except as provided in this section.
    (g) Exemption From Freedom of Information Act.--A medical 
quality assurance record of the Department shall be exempt from 
disclosure under section 552(b)(3) of title 5, United States 
Code.
    (h) Limitation on Civil Liability.--A person who 
participates in the review or creation of, or provides 
information to a person or body that reviews or creates, a 
medical quality assurance record of the Department shall not be 
civilly liable under this section for that participation or for 
providing that information if the participation or provision of 
information was--
          (1) provided in good faith based on prevailing 
        professional standards at the time the medical quality 
        assurance program activity took place; and
          (2) made in accordance with any other applicable 
        legal requirement, including Federal privacy laws and 
        regulations.
    (i) Application to Information in Certain Other Records.--
Nothing in this section shall be construed as limiting access 
to the information in a record created and maintained outside a 
medical quality assurance program, including the medical record 
of a patient, on the grounds that the information was presented 
during meetings of a review body that are part of a medical 
quality assurance program.
    (j) Penalty.--Any person who willfully discloses a medical 
quality assurance record of the Department other than as 
provided in this section, knowing that the record is a medical 
quality assurance record of the Department shall be fined not 
more than $3,000 in the case of a first offense and not more 
than $20,000 in the case of a subsequent offense.
    (k) Relationship to Coast Guard.--The requirements of this 
section shall not apply to any medical quality assurance record 
of the Department that is created by or for the Coast Guard as 
part of a medical quality assurance program.
    (l) Continued Protection.--Disclosure under subsection (d) 
does not permit redisclosure except to the extent the further 
disclosure is authorized under subsection (d) or is otherwise 
authorized to be disclosed under this section.
    (m) Relationship to Other Law.--This section shall continue 
in force and effect, except as otherwise specifically provided 
in any Federal law enacted after the date of enactment of this 
Act.
    (n) Rule of Construction.--Nothing in this section shall be 
construed to supersede the requirements of--
          (1) the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104--191; 110 
        Stat. 1936) and its implementing regulations;
          (2) part 1 of subtitle D of title XIII of the Health 
        Information Technology for Economic and Clinical Health 
        Act (42 U.S.C. 17931 et seq.) and its implementing 
        regulations; or
          (3) sections 921 through 926 of the Public Health 
        Service Act (42 U.S.C. 299b-21 through 299b-26) and 
        their implementing regulations.

           *       *       *       *       *       *       *


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) * * *

           *       *       *       *       *       *       *


         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.]
     * * * * * * *

[SEC. 502. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT STRATEGY FOR 
                    NUCLEAR AND RADIOLOGICAL DETECTION.

    [(a) In General.--No later than 1 year after the date of 
the enactment of this Act, the Secretary, the Secretary of 
Energy, the Secretary of Defense, and the Director of National 
Intelligence shall submit to Congress a research and 
development investment strategy for nuclear and radiological 
detection.
    [(b) Contents.--The strategy under subsection (a) shall 
include--
          [(1) a long term technology roadmap for nuclear and 
        radiological detection applicable to the mission needs 
        of the Department, the Department of Energy, the 
        Department of Defense, and the Office of the Director 
        of National Intelligence;
          [(2) budget requirements necessary to meet the 
        roadmap; and
          [(3) documentation of how the Department, the 
        Department of Energy, the Department of Defense, and 
        the Office of the Director of National Intelligence 
        will execute this strategy.
    [(c) Initial Report.--Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall submit a 
report to the appropriate congressional committees on--
          [(1) the impact of this title, and the amendments 
        made by this title, on the responsibilities under 
        section 302 of the Homeland Security Act of 2002 (6 
        U.S.C. 182); and
          [(2) the efforts of the Department to coordinate, 
        integrate, and establish priorities for conducting all 
        basic and applied research, development, testing, and 
        evaluation of technology and systems to detect, 
        prevent, protect, and respond to chemical, biological, 
        radiological, and nuclear terrorist attacks
    [(d) Annual Report.--The Director for Domestic Nuclear 
Detection and the Under Secretary for Science and Technology 
shall jointly and annually notify Congress that the strategy 
and technology road map for nuclear and radiological detection 
developed under subsections (a) and (b) is consistent with the 
national policy and strategic plan for identifying priorities, 
goals, objectives, and policies for coordinating the Federal 
Government's civilian efforts to identify and develop 
countermeasures to terrorist threats from weapons of mass 
destruction that are required under section 302(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 182(2)).]

           *       *       *       *       *       *       *