[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\
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\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.
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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.
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\2\U.S. Department of Homeland Security, Homeland Threat Assessment
(Oct. 2020).
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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.
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\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).
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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\
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\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).
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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\
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\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
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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.
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\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).
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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
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By fiscal year, millions of dollars--
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2023 2024 2025 2026 2027 2028 2023-2028
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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
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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)).]
* * * * * * *