[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8610 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8610
To amend the Homeland Security Act of 2002 to authorize the Office of
Health Security, make technical corrections to the authorization of the
Countering Weapons of Mass Destruction Office, establish a Countering
Weapons of Mass Destruction Advisory Committee, establish a
departmental biodefense strategy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2022
Mrs. Demings (for herself, Mr. Thompson of Mississippi, Ms. Clarke of
New York, and Ms. Underwood) introduced the following bill; which was
referred to the Committee on Homeland Security, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to authorize the Office of
Health Security, make technical corrections to the authorization of the
Countering Weapons of Mass Destruction Office, establish a Countering
Weapons of Mass Destruction Advisory Committee, establish a
departmental biodefense strategy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health Security
and Countering Weapons of Mass Destruction Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--OFFICE OF HEALTH SECURITY
Sec. 101. Office of Health Security.
TITLE II--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Sec. 201. Technical corrections; Countering Weapons of Mass Destruction
Advisory Committee; departmental biodefense
strategy.
Sec. 202. Biodefense review and strategy.
Sec. 203. Sunset repealed.
Sec. 204. Comptroller General review.
TITLE I--OFFICE OF HEALTH SECURITY
SEC. 101. OFFICE OF HEALTH SECURITY.
(a) Establishment.--The Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) is amended--
(1) in section 103 (6 U.S.C. 113)--
(A) in subsection (a)(2), by striking ``Assistant
Secretary for Health Affairs, the Assistant Secretary
for Legislative Affairs,'' and inserting ``Assistant
Secretary for Legislative Affairs''; and
(B) in subsection (d), by adding at the end the
following new paragraph:
``(6) A Chief Medical Officer.'';
(2) by adding at the end the following new title:
``TITLE XXIII--OFFICE OF HEALTH SECURITY'';
(3) by redesignating section 1931 (6 U.S.C. 597) as section
2301 and transferring such section, as so redesignated, to
appear after the heading for title XXIII, as added by paragraph
(2);
(4) in section 2301, as so redesignated and transferred--
(A) by amending the section heading to read as
follows: ``office of health security'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--There is in the Department an Office of Health
Security.'';
(C) by amending subsection (b) to read as follows:
``(b) Head of Office of Health Security.--
``(1) In general.--The Office of Health Security shall be
headed by a Chief Medical Officer (in this title referred to as
the `Chief Medical Officer'), who shall be at the level of
Assistant Secretary within the Department.
``(2) Qualifications; duties.--The Chief Medical Officer
shall--
``(A) be appointed by the President pursuant to
section 103(d);
``(B) be a licensed physician possessing a
demonstrated ability in and knowledge of medicine and
public health; and
``(C) report directly to the Secretary.'';
(D) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``medical issues related to natural
disasters, acts of terrorism, and other man-
made disasters, including--'' and inserting
``medical, public health, and workforce health
and safety matters, including issues related
to--'';
(ii) in paragraph (1), by striking ``the
Secretary, the Administrator of the Federal
Emergency Management Agency, the Assistant
Secretary, and other Department officials'' and
inserting ``the Secretary and all other
Department officials'';
(iii) in paragraph (4), by striking ``and''
after the semicolon;
(iv) by redesignating paragraph (5) as
paragraph (10); and
(v) by inserting after paragraph (4) the
following new paragraphs:
``(5) delivering, advising, and supporting--
``(A) direct patient care; and
``(B) the organization, management, and staffing of
component operations that deliver direct patient care;
``(6) advising the Secretary and the head of each component
of the Department that delivers direct patient care regarding--
``(A) knowledge and skill standards for medical
personnel and the assessment of such knowledge and
skill;
``(B) the collection, storage, and oversight of
medical records; and
``(C) contracts for the delivery of direct patient
care, other medical services, and medical supplies;
``(7) advising the head of each component of the Department
that delivers direct patient care regarding the recruitment and
appointment of a component chief medical officer, or, as the
case may be, the employee who functions in the capacity of a
component chief medical officer;
``(8) with respect to any psychological health counseling
or assistance program of the Department, including such a
program of a law enforcement, operational, or support component
of the Department, advising the head of each such component
with such a program regarding--
``(A) ensuring such program includes safeguards
against adverse action, including automatic referrals
for a fitness for duty examination, by such component
with respect to any employee solely because such
employee self-identifies a need for psychological
health counseling or assistance or receives such
counseling or assistance;
``(B) increasing the availability and number of
local psychological health professionals with
experience providing psychological support services to
personnel;
``(C) establishing a behavioral health curriculum
for employees at the beginning of their careers to
provide resources early regarding the importance of
psychological health;
``(D) establishing periodic management training on
crisis intervention and such component's psychological
health counseling or assistance program;
``(E) improving any associated existing employee
peer support programs, including by making additional
training and resources available for peer support
personnel in the workplace across such component;
``(F) developing and implementing a voluntary
alcohol treatment program that includes a safe harbor
for employees who seek treatment;
``(G) prioritizing, as appropriate, cultural
competence in the provision of psychological health
counseling and assistance for certain populations of
the workforce, such as employees serving in positions
within law enforcement, to help improve outcomes for
such employees receiving such counseling or assistance;
and
``(H) including collaborating and partnering with
key employee stakeholders and, for those components
with employees with an exclusive representative, the
exclusive representative with respect to such a
program;
``(9) in consultation with the Chief Information Officer of
the Department--
``(A) identifying methods and technologies for
managing, updating, and overseeing patient records; and
``(B) setting standards for technology used by
components of the Department regarding the collection,
storage, and oversight of medical records; and''; and
(E) by adding at the end the following new
subsections:
``(d) Assistance and Agreements.--In furtherance of this section,
the Chief Medical Officer, at the direction of the Secretary, may--
``(1) provide technical assistance, training, information,
and distribute funds through grants and cooperative agreements
to State, local, Tribal, and territorial governments, and
nongovernmental organizations;
``(2) enter into agreements with appropriate Federal
departments and other executive agencies; and
``(3) accept services from personnel of components of the
Department and appropriate Federal departments and other
executive agencies on a reimbursable or nonreimbursable basis.
``(e) Office of Health Security Privacy Officer.--
``(1) In general.--There shall be a Privacy Officer of the
Office of Health Security, appointed by the Chief Medical
Officer in consultation with the Privacy Officer of the
Department, with primary responsibility for privacy policy and
compliance within the Office and with respect to the carrying
out of responsibilities described in subsection (c).
``(2) Duties.--The Privacy Officer of the Office of Health
Security shall--
``(A) report directly to the Chief Medical Officer;
``(B) coordinate with and, as requested, provide
information to the Privacy Officer of the Department;
and
``(C) ensure privacy protections are integrated
into all activities of the Office of Health Security,
subject to the review and approval of the Privacy
Officer of the Department.
``(f) Annual Report.--Not later than one year after the date of the
enactment of this subsection and annually thereafter, the Chief Medical
Officer shall submit to Congress a report on the activities of the
Office of Health Security for the immediately preceding year.'';
(5) by redesignating section 710 (6 U.S.C. 350) as section
2302 and transferring such section to appear after section
2301;
(6) in section 2302, as so redesignated and transferred--
(A) in subsection (a), by striking ``Under
Secretary of Management'' each place such term appears
and inserting ``Chief Medical Officer''; and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``Under Secretary for Management,
in coordination with the Chief Medical
Officer,'' and inserting ``Chief Medical
Officer''; and
(ii) in paragraph (3), by striking ``as
deemed appropriate by the Under Secretary,'';
(7) by redesignating section 528 (6 U.S.C. 321q) as section
2303 and transferring such section to appear after section
2302; and
(8) in subsection (a) of section 2303, as so redesigned and
transferred, by striking ``Assistant Secretary for the
Countering Weapons of Mass Destruction Office'' and inserting
``Chief Medical Officer''.
(b) Medical Countermeasures Program.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended by redesignating section 1932 (6
U.S.C. 597a) as section 2304 and transferring such section, as so
redesignated, to appear after section 2303 of title XXIII.
(c) Transition and Transfers.--
(1) In general.--The individual appointed pursuant to
section 1931(a) of the Homeland Security Act of 2002 (6 U.S.C.
597) (as such section appeared on the day before the date of
the enactment of this Act) of the Department of Homeland
Security and serving as the Chief Medical Officer of the
Department of Homeland Security on the day before such date of
enactment, shall continue to serve as the Chief Medical Officer
of the Department after such date without the need for
reappointment.
(2) Saving clause.--The rule of construction set forth in
section 2(hh) of the Presidential Appointment Efficiency and
Streamlining Act of 2011 (Public Law 112-166, 5 U.S.C. 3132
note) shall not apply to the Chief Medical Officer of the
Department of Homeland Security (including the incumbent who
holds the position on the day before the date of the enactment
of this Act), and such officer shall be a Senior Executive
Service position (as that term is defined in section 3132(a) of
title 5, United States Code) and receive the rate of basic pay
for level IV of the Executive Schedule (in accordance with
section 5315 of such title).
(3) Transfer.--The Secretary of Homeland Security shall
transfer to the Chief Medical Officer all functions, personnel,
budget authority, and assets of--
(A) the Under Secretary for Management, relating to
workforce health and medical support;
(B) the Assistant Secretary for the Countering
Weapons of Mass Destruction Office, relating to the
Chief Medical Officer (including the Medical Operations
Directorate of the Countering Weapons of Mass
Destruction Office); and
(C) the Assistant Secretary for the Countering
Weapons of Mass Destruction Office, with respect to
food, agriculture, and veterinary defense programs of
such Office,
as in existence on the day before the date of the enactment of
this Act.
(d) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 is amended--
(1) by redesignating section 529 (6 U.S.C. 321r) as section
528;
(2) in section 704(3)(4) (6 U.S.C. 344(e)(4)), by striking
``section 711(a)'' and inserting ``section 710(a)'';
(3) by redesignating sections 711 (6 U.S.C. 351), 712 (6
U.S.C. 352), and 713 (6 U.S.C. 353) as sections 710, 711, and
712, respectively; and
(4) in title XIX, by striking the enumerator and heading of
subtitle C.
(e) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended--
(1) by striking the item relating to section 528 (as in
existence on the day before the date of the enactment of this
Act);
(2) by redesignating the item relating to section 529 as
the item relating to section 528;
(3) by striking the item relating to section 710 (as in
existence on the day before the date of the enactment of this
Act);
(4) by redesignating the items relating to sections 711,
712, and 713 as the items relating to sections 710, 711, and
712, respectively;
(5) by inserting after the item relating to section 1900
the following new item:
``Sec. 1900A. Rule of construction.'';
(6) by inserting after the item relating to section 1928
the following new item:
``Sec. 1929. Countering Weapons of Mass Destruction Advisory
Committee.'';
(7) by striking the items relating to subtitle C of title
XIX (as in existence on the day before the date of the
enactment of this Act); and
(8) by adding at the end the following new items:
``TITLE XXIII--OFFICE OF HEALTH SECURITY
``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and medical support.
``Sec. 2303. Coordination of Department of Homeland Security efforts
related to food, agriculture, and
veterinary defense against terrorism.
``Sec. 2304. Medical countermeasures.''.
TITLE II--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
SEC. 201. TECHNICAL CORRECTIONS; COUNTERING WEAPONS OF MASS DESTRUCTION
ADVISORY COMMITTEE; DEPARTMENTAL BIODEFENSE STRATEGY.
Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et
seq.) is amended--
(1) in the matter preceding subtitle A, by inserting after
section 1900 the following new section:
``SEC. 1900A. RULE OF CONSTRUCTION.
``Nothing in this title may be construed as affecting in any manner
or respect the operation of the Chemical Facility Anti-Terrorism
Standards Program of the Cybersecurity and Infrastructure Security
Agency or title XXI.'';
(2) in subtitle A, in section 1901(c) (6 U.S.C. 591(c))--
(A) in the matter preceding paragraph (1), by
striking ``serve as the Secretary's principal advisor
on''; and
(B) by striking paragraphs (1) and (2) and
inserting the following new paragraphs:
``(1) serve as the Secretary's principal advisor on matters
and strategies relating to--
``(A) countering weapons of mass destruction; and
``(B) non-medical aspects of chemical, biological,
radiological, and nuclear threats, and non-conventional
emerging terrorism threats;
``(2) coordinate the efforts of the Department to counter--
``(A) weapons of mass destruction;
``(B) non-medical aspects of chemical, biological,
radiological, and nuclear threats; and
``(C) other related emerging terrorism threats; and
``(3) enhance the ability of Federal, State, local, Tribal,
and territorial partners to prevent, detect, protect against,
and mitigate the impacts of terrorist attacks in the United
States involving--
``(A) weapons of mass destruction; or
``(B) non-medical aspects of chemical, biological,
radiological, and nuclear threats, and non-conventional
emerging terrorism threats.''; and
(3) in subtitle B--
(A) in section 1921 (6 U.S.C. 591g), by striking
``The Office shall be responsible'' and all that
follows through ``interests of the United States.'' and
inserting the following: ``The Office shall be
responsible for--
``(1) coordinating the Department's efforts and with other
Federal Departments and agencies to counter weapons of mass
destruction and non-medical aspects of chemical, biological,
radiological, and nuclear threats, and non-conventional
emerging terrorism threats; and
``(2) enhancing the ability of Federal, State, local,
Tribal, and territorial partners to prevent, detect, protect
against, and mitigate the impacts of--
``(A) weapons of mass destruction; and
``(B) non-medical aspects of chemical, biological,
radiological, and nuclear threats, and non-conventional
emerging terrorism threats.'';
(B) in section 1923(a) (6 U.S.C. 592(a))--
(i) by redesignating paragraphs (13) and
(14) as paragraphs (18) and (19), respectively;
and
(ii) by inserting after paragraph (12) the
following new paragraphs:
``(13) serve as the primary entity within the Department
responsible for developing, acquiring, deploying, supporting,
and operating a national biosurveillance system in support of
Federal, State, local, Tribal, and territorial governments;
``(14) support the enhancement of chemical and biological
detection efforts of Federal, State, local, Tribal, and
territorial governments, and provide guidance, tools, and
training to help ensure a managed, coordinated response among
such entities;
``(15) collaborate with relevant Federal stakeholders, and
receive input from industry, academia, and the national
laboratories regarding chemical and biological surveillance
efforts;
``(16) carry out a program to test and evaluate, in
consultation with the Science and Technology Directorate and,
as appropriate, State, local, Tribal, and territorial partners,
and in coordination with other relevant Federal agencies,
technology to detect and report on chemical, biological,
radiological, and nuclear weapons or unauthorized material for
use by the Department and such partners, and establish
performance metrics to evaluate the effectiveness of individual
detectors and detection systems in detecting such weapons or
material--
``(A) under realistic operational and environmental
conditions; and
``(B) against realistic adversary tactics and
countermeasures;
``(17) conduct, support, coordinate, and encourage, in
consultation with State, local, Tribal, and territorial
partners, and in coordination with the Science and Technology
Directorate, transformational research and development efforts
to generate new technologies to detect, protect against, and
report on the illicit entry across the United States borders,
or the transport, assembly, or use within the United States of
chemical, biological, radiological, and nuclear weapons or
unauthorized material;''; and
(C) by adding at the end the following new section:
``SEC. 1929. COUNTERING WEAPONS OF MASS DESTRUCTION ADVISORY COMMITTEE.
``(a) Establishment.--There is established in the Office a
Countering Weapons of Mass Destruction Advisory Committee (in this
section referred to as the `Advisory Committee'). The Advisory
Committee shall make recommendations with respect to the activities of
the Office.
``(b) Membership.--The Assistant Secretary shall appoint not more
than 18 individuals to serve as members of the Advisory Committee. Such
individuals shall represent, to the extent practicable, a geographic
(including urban and rural) and substantive cross section of officials
from State, local, and Tribal governments, academia, the private
sector, and nongovernmental organizations. The Assistant Secretary
shall seek to ensure one-third of the members are selected from the
emergency management field and emergency response providers and State,
local, and Tribal government officials. The Assistant Secretary shall
seek to ensure the remaining members are--
``(1) individuals from the public or private sectors with
expertise in chemical, biological, radiological, or nuclear
agents and weapons;
``(2) representatives from the national laboratories; and
``(3) such other individuals as the Assistant Secretary
determines appropriate.
``(c) Responsibilities.--The Advisory Committee shall--
``(1) advise the Assistant Secretary on all aspects of
countering weapons of mass destruction;
``(2) incorporate State, local, and Tribal government,
national laboratories, and private sector input in the
development of the strategy and implementation plan of the
Department for countering weapons of mass destruction; and
``(3) establish performance criteria for a national
biological detection system and review any associated testing
protocols for biological detection prototypes.
``(d) Consultation.--The Assistant Secretary shall regularly
consult and work with the Advisory Committee regarding the Office's
activities, including with respect to activities associated with the
administration of Federal assistance provided by the Department, and
the development of requirements for countering weapons of mass
destruction programs.
``(e) Voluntary Service and Terms.--The members of the Advisory
Committee shall serve on the Advisory Committee on a voluntary basis.
Members of may serve for up to three consecutive years, but a member
appointed to fill a vacancy occurring before the expiration of the term
for which such member's predecessor was appointed may be appointed for
the remainder of such term.
``(f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Advisory Committee.''.
SEC. 202. BIODEFENSE REVIEW AND STRATEGY.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by inserting after section 515 (6 U.S.C.
321d) the following new section:
``SEC. 516. DEPARTMENT-WIDE BIODEFENSE REVIEW AND STRATEGY.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary, in consultation with
appropriate stakeholders representing Federal, State, Tribal,
territorial, academic, private sector, and nongovernmental entities,
shall conduct a Department-wide review of biodefense activities and
strategies.
``(b) Review.--The review required under subsection (a) shall--
``(1) identify with specificity the biodefense lines of
effort of the Department, including relating to biodefense
roles, responsibilities, and capabilities of components and
offices of the Department;
``(2) assess how such components and offices coordinate
internally and with public and private partners in the
biodefense enterprise;
``(3) identify any policy, resource, capability, or other
gaps in the Department's ability to assess, prevent, protect
against, and respond to biological threats; and
``(4) identify any organizational changes or reforms
necessary for the Department to effectively execute its
biodefense mission and role, including with respect to public
and private partners in the biodefense enterprise.
``(c) Strategy.--Not later than one year after completion of the
review required under subsection (a), the Secretary shall issue a
biodefense strategy for the Department that is informed by such review
and is aligned with section 1086 of the National Defense Authorization
Act for Fiscal Year 2017 (6 U.S.C. 104; relating to the development of
a national biodefense strategy and associated implementation plan,
including a review and assessment of biodefense policies, practices,
programs, and initiatives) or successor strategy. Such strategy shall--
``(1) describe the Department's biodefense mission and
role, as well as how such relates to the biodefense lines of
effort of the Department;
``(2) clarify, as necessary, biodefense roles,
responsibilities, and capabilities of the Department's
components and offices involved in the biodefense lines of
effort of the Department;
``(3) establish how biodefense lines of effort of the
Department are to be coordinated within the Department;
``(4) establish how the Department engages with public and
private partners in the biodefense enterprise, including other
Federal agencies, national laboratories and sites, and State,
local, Tribal, and territorial entities, with specificity
regarding the frequency and nature of such engagement by
Department components and offices with State, local, Tribal and
territorial entities; and
``(5) include information relating to--
``(A) milestones and performance metrics that are
specific to the Department's biodefense mission and
role described in paragraph (1); and
``(B) implementation of any operational changes
necessary to carry out paragraphs (3) and (4).
``(d) Periodic Update.--Beginning not later than five years after
the issuance of the strategy and implementation plans required under
subsection (c) and not less often than once every five years
thereafter, the Secretary shall review and update, as necessary, such
strategy and plans.''.
(b) Congressional Oversight.--Not later than 30 days after the
issuance of the biodefense strategy and implementation plans for the
Department of Homeland Security required under section 516(c) of the
Homeland Security Act of 2002, as added by subsection (a), the
Secretary of Homeland Security shall brief the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate regarding such strategy
and plans.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 515 the following new item:
``Sec. 516. Department-wide biodefense review and strategy.''.
SEC. 203. SUNSET REPEALED.
Subsection (e) of section 1901 of the Homeland Security Act of 2002
(6 U.S.C. 591) is repealed.
SEC. 204. COMPTROLLER GENERAL REVIEW.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
regarding the implementation of section 516 of the Homeland Security
Act of 2002, as added by section 202, including information relating to
the following:
(1) The Office's efforts to prioritize its programs and
activities to conduct the Office's mission to safeguard against
chemical, biological, radiological, and nuclear threats.
(2) The consistency and effectiveness of the Office's
efforts at coordinating with State, local, Tribal, and
territorial entities and international partners across its
mission areas.
(3) The Office's efforts to manage the lifecycle of
research and development within the Office and with other
operational and support components of the Department of
Homeland Security, including the Science and Technology
Directorate.
(4) Any actions by the Office to measure progress in
addressing employee engagement and improving employee morale
across the Office.
(5) The extent and effectiveness of the Office's
coordination with other operational and support components,
including the Science and Technology Directorate, of the
Department regarding research and development projects.
(6) The Office's efforts to prioritize its research and
development funding, including to address emerging chemical,
biological, radiological, and nuclear threats.
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