[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4465 Reported in Senate (RS)]
<DOC>
Calendar No. 675
117th CONGRESS
2d Session
S. 4465
[Report No. 117-276]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23, 2022
Mr. Peters (for himself and Mr. Portman) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 19, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE, TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Offices
of Countering Weapons of Mass Destruction and Health Security Act of
2022''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title, table of contents.
<DELETED>TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
<DELETED>Sec. 101. Countering Weapons of Mass Destruction Office.
<DELETED>Sec. 102. Rule of construction.
<DELETED>TITLE II--OFFICE OF HEALTH SECURITY
<DELETED>Sec. 201. Office of Health Security.
<DELETED>Sec. 202. Medical countermeasures program.
<DELETED>Sec. 203. Confidentiality of medical quality assurance
records.
<DELETED>Sec. 204. Portability of licensure.
<DELETED>Sec. 205. Technical and conforming amendments.
<DELETED>TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION
OFFICE</DELETED>
<DELETED>SEC. 101. COUNTERING WEAPONS OF MASS DESTRUCTION
OFFICE.</DELETED>
<DELETED> (a) Homeland Security Act of 2002.--Title XIX of the
Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is amended--
</DELETED>
<DELETED> (1) in section 1901 (6 U.S.C. 591)--</DELETED>
<DELETED> (A) in subsection (c), by amending
paragraphs (1) and (2) to read as follows:</DELETED>
<DELETED> ``(1) matters and strategies pertaining to--
</DELETED>
<DELETED> ``(A) weapons of mass destruction;
and</DELETED>
<DELETED> ``(B) chemical, biological, radiological,
nuclear, and other related emerging threats;
and</DELETED>
<DELETED> ``(2) coordinating the efforts of the Department
to counter--</DELETED>
<DELETED> ``(A) weapons of mass destruction;
and</DELETED>
<DELETED> ``(B) chemical, biological, radiological,
nuclear, and other related emerging threats.'';
and</DELETED>
<DELETED> (B) by striking subsection (e);</DELETED>
<DELETED> (2) by amending section 1921 (6 U.S.C. 591g) to
read as follows:</DELETED>
<DELETED>``SEC. 1921. MISSION OF THE OFFICE.</DELETED>
<DELETED> ``The Office shall be responsible for--</DELETED>
<DELETED> ``(1) coordinating the efforts of the Department
to counter--</DELETED>
<DELETED> ``(A) weapons of mass destruction;
and</DELETED>
<DELETED> ``(B) chemical, biological, radiological,
nuclear, and other related emerging threats;
and</DELETED>
<DELETED> ``(2) enhancing the ability of Federal, State,
local, Tribal, and territorial partners to prevent, detect,
protect against, and mitigate the impacts of attacks using--
</DELETED>
<DELETED> ``(A) weapons of mass destruction against
the United States; and</DELETED>
<DELETED> ``(B) chemical, biological, radiological,
nuclear, and other related emerging threats against the
United States.'';</DELETED>
<DELETED> (3) in section 1922 (6 U.S.C. 591h)--</DELETED>
<DELETED> (A) by striking subsection (b);
and</DELETED>
<DELETED> (B) by redesignating subsection (c) as
subsection (b);</DELETED>
<DELETED> (4) in section 1923 (6 U.S.C. 592)--</DELETED>
<DELETED> (A) by redesignating subsections (a) and
(b) as subsections (b) and (d), respectively;</DELETED>
<DELETED> (B) by inserting before subsection (b) the
following:</DELETED>
<DELETED> ``(a) Office Responsibilities.--</DELETED>
<DELETED> ``(1) In general.--For the purposes of
coordinating the efforts of the Department to counter weapons
of mass destruction and chemical, biological, radiological, and
nuclear threats, the Office shall--</DELETED>
<DELETED> ``(A) provide expertise and guidance to
Department leadership and components on chemical,
biological, radiological, and nuclear matters, subject
to the research, development, testing, and evaluation
coordination requirement described in subparagraph
(G);</DELETED>
<DELETED> ``(B) in coordination with the Office for
Strategy, Policy, and Plans, lead development of
policies and strategies to counter weapons of mass
destruction and chemical, biological, radiological, and
nuclear threats on behalf of the Department;</DELETED>
<DELETED> ``(C) identify, assess, and prioritize
capability gaps relating to the Department's chemical,
biological, radiological, and nuclear strategic and
mission objectives;</DELETED>
<DELETED> ``(D) in coordination with the Office of
Intelligence and Analysis, support components of the
Department, and Federal, State, local, Tribal, and
territorial partners, provide intelligence and
information analysis and reports on weapons of mass
destruction and chemical, biological, radiological,
nuclear, and other related emerging threats;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(F) lead development and prioritization
of Department requirements to counter weapons of mass
destruction and chemical, biological, radiological, and
nuclear threats, subject to the research, development,
testing, and evaluation coordination requirement
described in subparagraph (G), which requirements shall
be--</DELETED>
<DELETED> ``(i) developed in coordination
with end users; and</DELETED>
<DELETED> ``(ii) reviewed by the Joint
Requirements Council, as directed by the
Secretary;</DELETED>
<DELETED> ``(G) in coordination with the Science and
Technology Directorate, direct, fund, and coordinate
capability development activities to counter weapons of
mass destruction and all chemical, biological,
radiological, and nuclear research, development, test,
and evaluation matters, including research,
development, testing, and evaluation expertise, threat
characterization, technology maturation, prototyping,
and technology transition;</DELETED>
<DELETED> ``(H) acquire, procure, and deploy counter
weapons of mass destruction capabilities, and serve as
the lead advisor of the Department on component
acquisition, procurement, and deployment of counter-
weapons of mass destruction capabilities;</DELETED>
<DELETED> ``(I) in coordination with the Office of
Health Security, support components of the Department,
and Federal, State, local, Tribal, and territorial
partners on chemical, biological, radiological, and
nuclear health matters;</DELETED>
<DELETED> ``(J) provide chemical, biological,
radiological, and nuclear expertise to Department and
Federal partners to support engagements and efforts
with international partners subject to the research,
development, testing, and evaluation coordination
requirement under subparagraph (G); and</DELETED>
<DELETED> ``(K) carry out any other duties assigned
to the Office by the Secretary.</DELETED>
<DELETED> ``(2) Detection and reporting.--For purposes of
the chemical, biological, radiological, and nuclear detection
and reporting responsibilities of the Office, the Office
shall--</DELETED>
<DELETED> ``(A) in coordination with end users,
including State, local, Tribal, and territorial
partners, as appropriate--</DELETED>
<DELETED> ``(i) carry out a program to test
and evaluate technology, in consultation with
the Science and Technology Directorate, to
detect and report on chemical, biological,
radiological, and nuclear weapons or
unauthorized material, in coordination with
other Federal agencies, as appropriate, and
establish performance metrics to evaluate the
effectiveness of individual detectors and
detection systems in detecting those weapons or
material--</DELETED>
<DELETED> ``(I) under realistic
operational and environmental
conditions; and</DELETED>
<DELETED> ``(II) against realistic
adversary tactics and
countermeasures;</DELETED>
<DELETED> ``(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
chemical, biological, radiological, and nuclear weapons
or unauthorized material, and coordinate with the Under
Secretary for Science and Technology on research and
development efforts relevant to the mission of the
Office and the Under Secretary for Science and
Technology;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) develop, acquire, and deploy
equipment to detect and report on chemical, biological,
radiological, and nuclear weapons or unauthorized
material in support of Federal, State, local, Tribal,
and territorial governments;</DELETED>
<DELETED> ``(E) support and enhance the effective
sharing and use of appropriate information on chemical,
biological, radiological, and nuclear threats and
related emerging issues generated by elements of the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), law
enforcement agencies, other Federal agencies, State,
local, Tribal, and territorial governments, and foreign
governments, as well as provide appropriate information
to those entities;</DELETED>
<DELETED> ``(F) consult, as appropriate, with the
Federal Emergency Management Agency and other
departmental components, on chemical, biological,
radiological, and nuclear threats and efforts to
mitigate, prepare, and respond to all threats in
support of the State, local, and Tribal communities;
and</DELETED>
<DELETED> ``(G) perform other duties as assigned by
the Secretary.'';</DELETED>
<DELETED> (C) in subsection (b), as so
redesignated--</DELETED>
<DELETED> (i) in the subsection heading, by
striking ``Mission'' and inserting
``Radiological and Nuclear
Responsibilities'';</DELETED>
<DELETED> (ii) in paragraph (1)--</DELETED>
<DELETED> (I) by inserting
``deploy,'' after ``acquire,'';
and</DELETED>
<DELETED> (II) by striking
``deployment'' and inserting
``operations'';</DELETED>
<DELETED> (iii) by striking paragraphs (6)
through (10);</DELETED>
<DELETED> (iv) redesignating paragraphs (11)
and (12) as paragraphs (6) and (7),
respectively;</DELETED>
<DELETED> (v) in paragraph (6)(B), as so
redesignated, by striking ``national strategic
five-year plan referred to in paragraph (10)''
and inserting ``United States national
technical nuclear forensics strategic
planning'';</DELETED>
<DELETED> (vi) in paragraph (7)(C)(v), as so
redesignated--</DELETED>
<DELETED> (I) in the matter
preceding subclause (I), by inserting
``except as otherwise provided,''
before ``require''; and</DELETED>
<DELETED> (II) in subclause (II)--
</DELETED>
<DELETED> (aa) in the matter
preceding item (aa), by
striking ``death or
disability'' and inserting
``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'';
and</DELETED>
<DELETED> (bb) in item (bb),
by adding ``and'' at the
end;</DELETED>
<DELETED> (vii) by striking paragraph (13);
and</DELETED>
<DELETED> (viii) by redesignating paragraph
(14) as paragraph (8); and</DELETED>
<DELETED> (D) by inserting after subsection (b), as
so redesignated, the following:</DELETED>
<DELETED> ``(c) Chemical and Biological Responsibilities.--The
Office--</DELETED>
<DELETED> ``(1) shall be responsible for coordinating with
other Federal efforts to enhance the ability of Federal, State,
local, and Tribal governments to prevent, detect, protect
against, and mitigate the impacts of chemical and biological
threats against the United States; and</DELETED>
<DELETED> ``(2) shall--</DELETED>
<DELETED> ``(A) serve as a primary entity of the
Federal Government to further develop, acquire, deploy,
and support the operations of a national
biosurveillance system in support of Federal, State,
local, Tribal, and territorial governments, and improve
that system over time;</DELETED>
<DELETED> ``(B) enhance the chemical and biological
detection efforts of Federal, State, local, Tribal, and
territorial governments and provide guidance, tools,
and training to help ensure a managed, coordinated
response; and</DELETED>
<DELETED> ``(C) collaborate with the Biomedical
Advanced Research and Development Authority, the Office
of Health Security, the Defense Advanced Research
Projects Agency, and the National Aeronautics and Space
Administration, and other relevant Federal
stakeholders, and receive input from industry,
academia, and the national laboratories on chemical and
biological surveillance efforts.'';</DELETED>
<DELETED> (5) in section 1924 (6 U.S.C. 593), by striking
``section 11011 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).''
and inserting ``section 4092 of title 10, United States Code,
except that the authority shall be limited to facilitate the
recruitment of experts in the chemical, biological,
radiological, or nuclear specialties.'';</DELETED>
<DELETED> (6) in section 1927(a)(1)(C) (6 U.S.C.
596a(a)(1)(C))--</DELETED>
<DELETED> (A) in clause (i), by striking ``required
under section 1036 of the National Defense
Authorization Act for Fiscal Year 2010'';</DELETED>
<DELETED> (B) in clause (ii), by striking ``and'' at
the end;</DELETED>
<DELETED> (C) in clause (iii), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(iv) includes any other
information regarding national technical
nuclear forensics activities carried out under
section 1923.'';</DELETED>
<DELETED> (7) in section 1928 (6 U.S.C. 596b)--</DELETED>
<DELETED> (A) in subsection (c)(1), by striking
``from among high-risk urban areas under section 2003''
and inserting ``based on the capability and capacity of
the jurisdiction, as well as the relative threat,
vulnerability, and consequences from terrorist attacks
and other high-consequence events utilizing nuclear or
other radiological materials''; and</DELETED>
<DELETED> (B) by striking subsection (d) and
inserting the following:</DELETED>
<DELETED> ``(d) Report.--Not later than 2 years after the date of
enactment of the Offices of Countering Weapons of Mass Destruction and
Health Security Act of 2022, the Secretary shall submit to the
appropriate congressional committees an update on the STC program.'';
and</DELETED>
<DELETED> (8) by adding at the end the following:</DELETED>
<DELETED>``SEC. 1929. ACCOUNTABILITY.</DELETED>
<DELETED> ``(a) Departmentwide Strategy.--Not later than 180 days
after the date of enactment of Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, and every 4 years
thereafter, the Secretary, in coordination with the Deputy Secretary,
shall create a Departmentwide strategy and implementation plan to
counter weapons of mass destruction and chemical, biological,
radiological, and nuclear threats, which should--</DELETED>
<DELETED> ``(1) have clearly identified authorities,
specified roles, objectives, benchmarks, accountability, and
timelines;</DELETED>
<DELETED> ``(2) incorporate the perspectives of non-Federal
and private sector partners; and</DELETED>
<DELETED> ``(3) articulate how the Department will
contribute to relevant national-level strategies and work with
other Federal agencies.</DELETED>
<DELETED> ``(b) Consideration.--The Secretary shall appropriately
consider chemical, biological, radiological, nuclear, and emerging
threats when creating the strategy and implementation plan required
under subsection (a).</DELETED>
<DELETED> ``(c) Report.--The Office shall submit to the appropriate
congressional committees a report on the updated Departmentwide
strategy and implementation plan required under subsection
(a).</DELETED>
<DELETED> ``(d) Employee Morale.--Not later than 180 days after the
date of enactment of the Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, the Office shall submit to
and brief the appropriate congressional committees on a strategy and
plan to continuously improve morale within the Office.</DELETED>
<DELETED> ``(e) Comptroller General.--Not later than 1 year after
the date of enactment of the Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, the Comptroller General of
the United States shall conduct a review of and brief the appropriate
congressional committees on--</DELETED>
<DELETED> ``(1) the efforts of the Office to prioritize the
programs and activities that carry out the mission of the
Office, including research and development;</DELETED>
<DELETED> ``(2) the consistency and effectiveness of
stakeholder coordination across the countering weapons of mass
destruction mission, including operational and support
components of the Department and State and local entities;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) National Academies of Sciences, Engineering, and
Medicine.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) the role of the Department in
preparing, detecting, and responding to biological and
health security threats to the homeland;</DELETED>
<DELETED> ``(B) recommendations to improve
departmental biosurveillance efforts against biological
threats, including any relevant biological detection
methods and technologies; and</DELETED>
<DELETED> ``(C) the feasibility of different
technological advances for biodetection compared to the
cost, risk reduction, and timeliness of those
advances.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the implementation of the
recommendations included in the report; and</DELETED>
<DELETED> ``(B) the status of biological detection
at the Department, and, if applicable, timelines for
the transition from Biowatch to updated
technology.</DELETED>
<DELETED> ``(g) Advisory Council.--</DELETED>
<DELETED> ``(1) Establishment.--Not later than 180 days
after the date of enactment of the Offices of Countering
Weapons of Mass Destruction and Health Security Act of 2022,
the Secretary shall establish an advisory body to ensure
effective and ongoing coordination of the efforts of the
Department to counter weapons of mass destruction, to be known
as the Advisory Council for Countering Weapons of Mass
Destruction (in this subsection referred to as the `Advisory
Council').</DELETED>
<DELETED> ``(2) Membership.--The members of the Advisory
Council shall--</DELETED>
<DELETED> ``(A) be appointed by the Assistant
Secretary; and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) members selected from the
emergency management field and emergency
response providers;</DELETED>
<DELETED> ``(ii) State, local, and Tribal
government officials;</DELETED>
<DELETED> ``(iii) experts in the public and
private sectors with expertise in chemical,
biological, radiological, and nuclear agents
and weapons;</DELETED>
<DELETED> ``(iv) representatives from the
national laboratories; and</DELETED>
<DELETED> ``(v) such other individuals as
the Assistant Secretary determines to be
appropriate.</DELETED>
<DELETED> ``(3) Responsibilities.-- The Advisory Council
shall--</DELETED>
<DELETED> ``(A) advise the Assistant Secretary on
all aspects of countering weapons of mass
destruction;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) establish performance criteria for a
national biological detection system and review the
testing protocol for biological detection
prototypes.</DELETED>
<DELETED> ``(4) Consultation.--To ensure input from and
coordination with State, local, and Tribal governments, the
Assistant Secretary shall regularly consult and work with the
Advisory Council on the administration of Federal assistance
provided by the Department, including with respect to the
development of requirements for countering weapons of mass
destruction programs, as appropriate.</DELETED>
<DELETED> ``(5) Voluntary service.--The members of the
Advisory Council shall serve on the Advisory Council on a
voluntary basis.</DELETED>
<DELETED> ``(6) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Advisory
Council.''.</DELETED>
<DELETED> (b) Countering Weapons of Mass Destruction Act of 2018.--
Section 2 of the Countering Weapons of Mass Destruction Act of 2018
(Public Law 115-387; 132 Stat. 5162) is amended--</DELETED>
<DELETED> (1) in subsection (b)(2) (6 U.S.C. 591 note), by
striking ``1927'' and inserting ``1926''; and</DELETED>
<DELETED> (2) in subsection (g) (6 U.S.C. 591 note)--
</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``one year after the date of the enactment
of this Act, and annually thereafter,'' and inserting
``June 30 of each year,''; and</DELETED>
<DELETED> (B) in paragraph (2), by striking
``Security, including research and development
activities'' and inserting ``Security''.</DELETED>
<DELETED> (c) Security and Accountability for Every Port Act of
2006.--The Security and Accountability for Every Port Act of 2006 (6
U.S.C. 901 et seq.) is amended--</DELETED>
<DELETED> (1) in section 1(b) (Public Law 109-347; 120 Stat
1884), by striking the item relating to section 502;
and</DELETED>
<DELETED> (2) by striking section 502 (6 U.S.C.
592a).</DELETED>
<DELETED>SEC. 102. RULE OF CONSTRUCTION.</DELETED>
<DELETED> Nothing in this title or the amendments made by this title
shall be construed to affect or diminish the authorities or
responsibilities of the Under Secretary for Science and
Technology.</DELETED>
<DELETED>TITLE II--OFFICE OF HEALTH SECURITY</DELETED>
<DELETED>SEC. 201. OFFICE OF HEALTH SECURITY.</DELETED>
<DELETED> (a) Establishment.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--</DELETED>
<DELETED> (1) in section 103 (6 U.S.C. 113)--</DELETED>
<DELETED> (A) in subsection (a)(2)--</DELETED>
<DELETED> (i) by striking ``the Assistant
Secretary for Health Affairs,''; and</DELETED>
<DELETED> (ii) by striking ``Affairs, or''
and inserting ``Affairs or''; and</DELETED>
<DELETED> (B) in subsection (d), by adding at the
end the following:</DELETED>
<DELETED> ``(6) A Chief Medical Officer.'';</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED>``TITLE XXIII--OFFICE OF HEALTH SECURITY'';</DELETED>
<DELETED> (3) by redesignating section 1931 (6 U.S.C. 597)
as section 2301 and transferring such section to appear after
the heading for title XXIII, as added by paragraph (2);
and</DELETED>
<DELETED> (4) in section 2301, as so redesignated--
</DELETED>
<DELETED> (A) in the section heading, by striking
``chief medical officer'' and inserting ``office of
health security'';</DELETED>
<DELETED> (B) by striking subsections (a) and (b)
and inserting the following:</DELETED>
<DELETED> ``(a) In General.--There is established in the Department
an Office of Health Security.</DELETED>
<DELETED> ``(b) Head of Office of Health Security.--The Office of
Health Security shall be headed by a chief medical officer, who shall--
</DELETED>
<DELETED> ``(1) be the Assistant Secretary for Health
Security and the Chief Medical Officer of the
Department;</DELETED>
<DELETED> ``(2) be a licensed physician possessing a
demonstrated ability in and knowledge of medicine and public
health;</DELETED>
<DELETED> ``(3) be appointed by the President; and</DELETED>
<DELETED> ``(4) report directly to the
Secretary.'';</DELETED>
<DELETED> (C) in subsection (c)--</DELETED>
<DELETED> (i) in the matter preceding
paragraph (1), by striking ``medical issues
related to natural disasters, acts of
terrorism, and other man-made disasters'' and
inserting ``oversight of all medical, public
health, and workforce safety matters of the
Department'';</DELETED>
<DELETED> (ii) in paragraph (1), by striking
``, the Administrator of the Federal Emergency
Management Agency, the Assistant Secretary, and
other Department officials'' and inserting
``and all other Department
officials'';</DELETED>
<DELETED> (iii) in paragraph (4), by
striking ``and'' at the end;</DELETED>
<DELETED> (iv) by redesignating paragraph
(5) as paragraph (12); and</DELETED>
<DELETED> (v) by inserting after paragraph
(4) the following:</DELETED>
<DELETED> ``(5) overseeing all medical and public health
activities of the Department, including the delivery,
advisement, and oversight of direct patient care and the
organization, management, and staffing of component operations
that deliver direct patient care;</DELETED>
<DELETED> ``(6) advising the head of each component of the
Department that delivers direct patient care regarding the
recruitment and appointment of a component chief medical
officer and deputy chief medical officer or the employee who
functions in the capacity of chief medical officer and deputy
chief medical officer;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(8) advising the Secretary and the head of each
component of the Department that delivers patient care
regarding the collection, storage, and oversight of medical
records;</DELETED>
<DELETED> ``(9) in consultation with the Chief Information
Officer of the Department--</DELETED>
<DELETED> ``(A) identifying methods and technologies
for managing, updating, and overseeing patient records;
and</DELETED>
<DELETED> ``(B) setting standards for technology
used by the components of the Department regarding the
collection, storage, and oversight of medical
records;</DELETED>
<DELETED> ``(10) 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;</DELETED>
<DELETED> ``(11) coordinating with the Countering Weapons of
Mass Destruction Office and other components of the Department
as directed by the Secretary to enhance the ability of Federal,
State, local, Tribal, and territorial governments to prevent,
detect, protect against, and mitigate the health effects of
chemical, biological, radiological, and nuclear issues; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(d) Assistance and Agreements.--The Secretary, acting
through the Chief Medical Officer, in support of the medical and public
health activities of the Department, may--</DELETED>
<DELETED> ``(1) provide technical assistance, training, and
information and distribute funds through grants and cooperative
agreements to State, local, Tribal, and territorial governments
and nongovernmental organizations;</DELETED>
<DELETED> ``(2) enter into other transactions;</DELETED>
<DELETED> ``(3) enter into agreements with other Federal
agencies; and</DELETED>
<DELETED> ``(4) accept services from personnel of components
of the Department and other Federal agencies on a reimbursable
or nonreimbursable basis.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) report directly to the Chief Medical
Officer; and</DELETED>
<DELETED> ``(2) ensure privacy protections are integrated
into all Office of Health Security activities, subject to the
review and approval of the Privacy Officer of the Department to
the extent consistent with the authority of the Privacy Officer
of the Department under section 222.'';</DELETED>
<DELETED> (5) by redesignating section 710 (6 U.S.C. 350) as
section 2302 and transferring such section to appear after
section 2301, as so redesignated;</DELETED>
<DELETED> (6) in section 2302, as so redesignated--
</DELETED>
<DELETED> (A) in subsection (a), by striking ``Under
Secretary for Management'' each place that term appears
and inserting ``Chief Medical Officer''; and</DELETED>
<DELETED> (B) in subsection (b)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in paragraph (3), by striking
``as deemed appropriate by the Under
Secretary,'';</DELETED>
<DELETED> (7) by redesignating section 528 (6 U.S.C. 321q)
as section 2303 and transferring such section to appear after
section 2302, as so redesignated; and</DELETED>
<DELETED> (8) in section 2303(a), as so redesignated, by
striking ``Assistant Secretary for the Countering Weapons of
Mass Destruction Office'' and inserting ``Chief Medical
Officer''.</DELETED>
<DELETED> (b) Transition and Transfers.--</DELETED>
<DELETED> (1) Transition.--The individual appointed pursuant
to section 1931 of the Homeland Security Act of 2002 (6 U.S.C.
597) of the Department of Homeland Security, as in effect on
the day before the date of enactment of this Act, and serving
as the Chief Medical Officer of the Department of Homeland
Security on the day before the date of enactment of this Act,
shall continue to serve as the Chief Medical Officer of the
Department on and after the date of enactment of this Act
without the need for reappointment.</DELETED>
<DELETED> (2) Rule of construction.--The rule of
construction described in section 2(hh) of the Presidential
Appointment Efficiency and Streamlining Act of 2011 (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 enactment of
this Act, and such officer shall be paid pursuant to section
3132(a)(2) or 5315 of title 5, United States Code.</DELETED>
<DELETED> (3) Transfer.--The Secretary of Homeland Security
shall transfer to the Chief Medical Officer of the Department
of Homeland Security--</DELETED>
<DELETED> (A) all functions, personnel, budget
authority, and assets of the Under Secretary for
Management relating to workforce health and medical
support, as in existence on the day before the date of
enactment of this Act;</DELETED>
<DELETED> (B) all functions, personnel, budget
authority, and assets of 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, as in existence on
the day before the date of enactment of this Act;
and</DELETED>
<DELETED> (C) all functions, personnel, budget
authority, and assets of the Assistant Secretary for
the Countering Weapons of Mass Destruction Office
associated with the efforts pertaining to the program
coordination activities relating to defending the food,
agriculture, and veterinary defenses of the Office, as
in existence on the day before the date of enactment of
this Act.</DELETED>
<DELETED>SEC. 202. MEDICAL COUNTERMEASURES PROGRAM.</DELETED>
<DELETED> 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 to appear after section 2303, as so
redesignated by section 201 of this Act.</DELETED>
<DELETED>SEC. 203. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.</DELETED>
<DELETED> Title XXIII of the Homeland Security Act of 2002, as added
by this Act, is amended by adding at the end the following:</DELETED>
<DELETED>``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Health care provider.--The term `health care
provider' means an individual who--</DELETED>
<DELETED> ``(A) is--</DELETED>
<DELETED> ``(i) an employee of the
Department;</DELETED>
<DELETED> ``(ii) a detailee to the
Department from another Federal
agency;</DELETED>
<DELETED> ``(iii) a personal services
contractor of the Department; or</DELETED>
<DELETED> ``(iv) hired under a contract for
services;</DELETED>
<DELETED> ``(B) performs health care services as
part of duties of the individual in that capacity;
and</DELETED>
<DELETED> ``(C) has a current, valid, and
unrestricted license or certification--</DELETED>
<DELETED> ``(i) that is issued by a State,
the District of Columbia, or a commonwealth,
territory, or possession of the United States;
and</DELETED>
<DELETED> ``(ii) that is for the practice of
medicine, osteopathic medicine, dentistry,
nursing, emergency medical services, or another
health profession.</DELETED>
<DELETED> ``(2) Medical quality assurance program.--The term
`medical quality assurance program' means any activity carried
out by the Department to assess the quality of medical care,
including activities conducted by individuals, committees, or
other review bodies responsible for quality assurance,
credentials, infection control, incident reporting, the
delivery, advisement, and oversight of direct patient care and
assessment (including treatment procedures, blood, drugs, and
therapeutics), medical records, health resources management
review, and identification and prevention of medical, mental
health, or dental incidents and risks.</DELETED>
<DELETED> ``(3) Medical quality assurance record of the
department.--The term `medical quality assurance record of the
Department' means all information, including the proceedings,
records (including patient records that the Department creates
and maintains as part of a system of records), minutes, and
reports that--</DELETED>
<DELETED> ``(A) emanate from quality assurance
program activities described in paragraph (2);
and</DELETED>
<DELETED> ``(B) are produced or compiled by the
Department as part of a medical quality assurance
program.</DELETED>
<DELETED> ``(b) Confidentiality of Records.--A medical quality
assurance record of the Department that is created as part of a medical
quality assurance program--</DELETED>
<DELETED> ``(1) is confidential and privileged;
and</DELETED>
<DELETED> ``(2) except as provided in subsection (d), may
not be disclosed to any person or entity.</DELETED>
<DELETED> ``(c) Prohibition on Disclosure and Testimony.--Except as
otherwise provided in this section--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) an individual who reviews or creates a
medical quality assurance record of the Department or who
participates in any proceeding that reviews or creates a
medical quality assurance record of the Department may not be
permitted or required to testify in any judicial or
administrative proceeding with respect to the record or with
respect to any finding, recommendation, evaluation, opinion, or
action taken by that individual in connection with the
record.</DELETED>
<DELETED> ``(d) Authorized Disclosure and Testimony.--</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) To a Federal agency or private
organization, if the medical quality assurance record
of the Department or testimony is needed by the Federal
agency or private organization to--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) To a governmental board or agency or
to a professional health care society or organization,
if the medical quality assurance record of the
Department or testimony is needed by the board, agency,
society, or organization to perform licensing,
credentialing, or the monitoring of professional
standards with respect to any health care provider who
is or was a health care provider for the
Department.</DELETED>
<DELETED> ``(D) To a hospital, medical center, or
other institution that provides health care services,
if the medical quality assurance record of the
Department or testimony is needed by the institution to
assess the professional qualifications of any health
care provider who is or was a health care provider for
the Department and who has applied for or been granted
authority or employment to provide health care services
in or on behalf of the institution.</DELETED>
<DELETED> ``(E) To an employee, a detailee, or a
contractor of the Department who has a need for the
medical quality assurance record of the Department or
testimony to perform official duties or duties within
the scope of their contract.</DELETED>
<DELETED> ``(F) To a criminal or civil law
enforcement agency or instrumentality charged under
applicable law with the protection of the public health
or safety, if a qualified representative of the agency
or instrumentality makes a written request that the
medical quality assurance record of the Department or
testimony be provided for a purpose authorized by
law.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Personally identifiable information.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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').</DELETED>
<DELETED> ``(e) Disclosure for Certain Purposes.--Nothing in this
section shall be construed--</DELETED>
<DELETED> ``(1) to authorize or require the withholding from
any person or entity aggregate statistical information
regarding the results of medical quality assurance programs;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Prohibition on Disclosure of Information, Record, or
Testimony.--A person or entity having possession of or access to a
medical quality assurance record of the Department or testimony
described in this section may not disclose the contents of the record
or testimony in any manner or for any purpose except as provided in
this section.</DELETED>
<DELETED> ``(g) Exemption From Freedom of Information Act.--A
medical quality assurance record of the Department shall be exempt from
disclosure under section 552(b)(3) of title 5, United States Code
(commonly known as the `Freedom of Information Act').</DELETED>
<DELETED> ``(h) Limitation on Civil Liability.--A person who
participates in the review or creation of, or provides information to a
person or body that reviews or creates, a medical quality assurance
record of the Department shall not be civilly liable for that
participation or for providing that information if the participation or
provision of information was provided in good faith based on prevailing
professional standards at the time the medical quality assurance
program activity took place.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 204. PORTABILITY OF LICENSURE.</DELETED>
<DELETED> (a) Transfer.--Section 16005 of the CARES Act (6 U.S.C.
320 note) is redesignated as section 2306 of the Homeland Security Act
of 2002 and transferred so as to appear after section 2305, as added by
section 203 of this Act.</DELETED>
<DELETED> (b) Repeal.--Section 2306 of the Homeland Security Act of
2002, as so redesignated by subsection (a), is amended by striking
subsection (c).</DELETED>
<DELETED>SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>
<DELETED> The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended--</DELETED>
<DELETED> (1) in the table of contents in section 1(b)
(Public Law 107-296; 116 Stat. 2135)--</DELETED>
<DELETED> (A) by striking the items relating to
sections 528 and 529 and inserting the
following:</DELETED>
<DELETED>``Sec. 528. Transfer of equipment during a public health
emergency.'';
<DELETED> (B) by striking the items relating to
sections 710, 711, 712, and 713 and inserting the
following:</DELETED>
<DELETED>``Sec. 710. Employee engagement.
<DELETED>``Sec. 711. Annual employee award program.
<DELETED>``Sec. 712. Acquisition professional career program.'';
<DELETED> (C) by inserting after the item relating
to section 1928 the following:</DELETED>
<DELETED>``Sec. 1929. Accountability.'';
<DELETED> (D) by striking the items relating to
subtitle C of title XIX and sections 1931 and 1932;
and</DELETED>
<DELETED> (E) by adding at the end the
following:</DELETED>
<DELETED>``TITLE XXIII--OFFICE OF HEALTH SECURITY
<DELETED>``Sec. 2301. Office of Health Security.
<DELETED>``Sec. 2302. Workforce health and medical support.
<DELETED>``Sec. 2303. Coordination of Department of Homeland Security
efforts related to food, agriculture, and
veterinary defense against terrorism.
<DELETED>``Sec. 2304. Medical countermeasures program.
<DELETED>``Sec. 2305. Confidentiality of medical quality assurance
records.
<DELETED>``Sec. 2306. Portability of licensure.'';
<DELETED> (2) by redesignating section 529 (6 U.S.C. 321r)
as section 528;</DELETED>
<DELETED> (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by
striking ``section 711(a)'' and inserting ``section
710(a))'';</DELETED>
<DELETED> (4) by redesignating sections 711, 712, and 713 as
sections 710, 711, and 712, respectively;</DELETED>
<DELETED> (5) in section 1923(b)(3) (6 U.S.C. 592(b)(3))--
</DELETED>
<DELETED> (A) in the paragraph heading, by striking
``Hawaiian native-serving'' and inserting ``Native
hawaiian-serving''; and</DELETED>
<DELETED> (B) by striking ``Hawaiian native-
serving'' and inserting ```Native Hawaiian-
serving'';</DELETED>
<DELETED> (6) by striking the subtitle heading for subtitle
C of title XIX;</DELETED>
<DELETED> (7) by striking section 1932 (6 U.S.C. 597a);
and</DELETED>
<DELETED> (8) in section 2306, as so redesignated by section
204 of this Act--</DELETED>
<DELETED> (A) by inserting ``portability of
licensure.'' after ``2306.''; and</DELETED>
<DELETED> (B) in subsection (a), by striking ``(a)
Notwithstanding'' and inserting the
following:</DELETED>
<DELETED> ``(a) In General.--Notwithstanding''.</DELETED>
SECTION 1. SHORT TITLE, TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Offices of
Countering Weapons of Mass Destruction and Health Security Act of
2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, table of contents.
TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Sec. 101. Countering Weapons of Mass Destruction Office.
Sec. 102. Rule of construction.
TITLE II--OFFICE OF HEALTH SECURITY
Sec. 201. Office of Health Security.
Sec. 202. Medical countermeasures program.
Sec. 203. Confidentiality of medical quality assurance records.
Sec. 204. Portability of licensure.
Sec. 205. Technical and conforming amendments.
TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
SEC. 101. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) Homeland Security Act of 2002.--Title XIX of the Homeland
Security Act of 2002 (6 U.S.C. 590 et seq.) is amended--
(1) in section 1901 (6 U.S.C. 591)--
(A) in subsection (c), by amending paragraphs (1)
and (2) to read as follows:
``(1) matters and strategies pertaining to--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear,
and other related emerging threats; and
``(2) coordinating the efforts of the Department to
counter--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear,
and other related emerging threats.''; and
(B) by striking subsection (e);
(2) by amending section 1921 (6 U.S.C. 591g) to read as
follows:
``SEC. 1921. MISSION OF THE OFFICE.
``The Office shall be responsible for--
``(1) coordinating the efforts of the Department to
counter--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear,
and other related emerging threats; and
``(2) enhancing the ability of Federal, State, local,
Tribal, and territorial partners to prevent, detect, protect
against, and mitigate the impacts of attacks using--
``(A) weapons of mass destruction against the
United States; and
``(B) chemical, biological, radiological, nuclear,
and other related emerging threats against the United
States.'';
(3) in section 1922 (6 U.S.C. 591h)--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(4) in section 1923 (6 U.S.C. 592)--
(A) by redesignating subsections (a) and (b) as
subsections (b) and (d), respectively;
(B) by inserting before subsection (b), as so
redesignated, the following:
``(a) Office Responsibilities.--
``(1) In general.--For the purposes of coordinating the
efforts of the Department to counter weapons of mass
destruction and chemical, biological, radiological, nuclear,
and other related emerging threats, the Office shall--
``(A) provide expertise and guidance to Department
leadership and components on chemical, biological,
radiological, nuclear, and other related emerging
threats, subject to the research, development, testing,
and evaluation coordination requirement described in
subparagraph (G);
``(B) in coordination with the Office for Strategy,
Policy, and Plans, lead development of policies and
strategies to counter weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats on behalf of the Department;
``(C) identify, assess, and prioritize capability
gaps relating to the strategic and mission objectives
of the Department for weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats;
``(D) in coordination with the Office of
Intelligence and Analysis, support components of the
Department, and Federal, State, local, Tribal, and
territorial partners, provide intelligence and
information analysis and reports on weapons of mass
destruction and chemical, biological, radiological,
nuclear, and other related emerging threats;
``(E) in consultation with the Science and
Technology Directorate, assess risk to the United
States from weapons of mass destruction and chemical,
biological, radiological, nuclear, and other related
emerging threats;
``(F) lead development and prioritization of
Department requirements to counter weapons of mass
destruction and chemical, biological, radiological,
nuclear, and other related emerging threats, subject to
the research, development, testing, and evaluation
coordination requirement described in subparagraph (G),
which requirements shall be--
``(i) developed in coordination with end
users; and
``(ii) reviewed by the Joint Requirements
Council, as directed by the Secretary;
``(G) in coordination with the Science and
Technology Directorate, direct, fund, and coordinate
capability development activities to counter weapons of
mass destruction and all chemical, biological,
radiological, nuclear, and other related emerging
threats research, development, test, and evaluation
matters, including research, development, testing, and
evaluation expertise, threat characterization,
technology maturation, prototyping, and technology
transition;
``(H) acquire, procure, and deploy counter weapons
of mass destruction capabilities, and serve as the lead
advisor of the Department on component acquisition,
procurement, and deployment of counter-weapons of mass
destruction capabilities;
``(I) in coordination with the Office of Health
Security, support components of the Department, and
Federal, State, local, Tribal, and territorial partners
on chemical, biological, radiological, nuclear, and
other related emerging threats health matters;
``(J) provide expertise on weapons of mass
destruction and chemical, biological, radiological,
nuclear, and other related emerging threats to
Department and Federal partners to support engagements
and efforts with international partners subject to the
research, development, testing, and evaluation
coordination requirement under subparagraph (G); and
``(K) carry out any other duties assigned to the
Office by the Secretary.
``(2) Detection and reporting.--For purposes of the
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, Tribal, and territorial partners, as
appropriate--
``(i) carry out a program to test and
evaluate technology, in consultation with the
Science and Technology Directorate, to detect
and report on weapons of mass destruction and
chemical, biological, radiological, nuclear,
and other related emerging threats weapons or
unauthorized material, in coordination with
other Federal agencies, as appropriate, and
establish performance metrics to evaluate the
effectiveness of individual detectors and
detection systems in detecting those weapons or
material--
``(I) under realistic operational
and environmental conditions; and
``(II) against realistic adversary
tactics and countermeasures;
``(B) in coordination with end users, conduct,
support, coordinate, and encourage a transformational
program of research and development to generate and
improve technologies to detect, protect against, and
report on the illicit entry, transport, assembly, or
potential use within the United States of weapons of
mass destruction and chemical, biological,
radiological, nuclear, and other related emerging
threats weapons or unauthorized material, and
coordinate with the Under Secretary for Science and
Technology on research and development efforts relevant
to the mission of the Office and the Under Secretary
for Science and Technology;
``(C) before carrying out operational testing under
subparagraph (A), develop a testing and evaluation plan
that articulates the requirements for the user and
describes how these capability needs will be tested in
developmental test and evaluation and operational test
and evaluation;
``(D) as appropriate, develop, acquire, and deploy
equipment to detect and report on weapons of mass
destruction and chemical, biological, radiological,
nuclear, and other related emerging threats weapons or
unauthorized material in support of Federal, State,
local, Tribal, and territorial governments;
``(E) support and enhance the effective sharing and
use of appropriate information on weapons of mass
destruction and chemical, biological, radiological,
nuclear, and other related emerging threats and related
emerging issues generated by elements of the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), law
enforcement agencies, other Federal agencies, State,
local, Tribal, and territorial governments, and foreign
governments, as well as provide appropriate information
to those entities;
``(F) consult, as appropriate, with the Federal
Emergency Management Agency and other departmental
components, on weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats and efforts to mitigate,
prepare, and respond to all threats in support of the
State, local, and Tribal communities; and
``(G) perform other duties as assigned by the
Secretary.'';
(C) in subsection (b), as so redesignated--
(i) in the subsection heading, by striking
``Mission'' and inserting ``Radiological and
Nuclear Responsibilities'';
(ii) in paragraph (1)--
(I) by inserting ``deploy,'' after
``acquire,''; and
(II) by striking ``deployment'' and
inserting ``operations'';
(iii) by striking paragraphs (6) through
(10);
(iv) redesignating paragraphs (11) and (12)
as paragraphs (6) and (7), respectively;
(v) in paragraph (6)(B), as so
redesignated, by striking ``national strategic
five-year plan referred to in paragraph (10)''
and inserting ``United States national
technical nuclear forensics strategic
planning'';
(vi) in paragraph (7)(C)(v), as so
redesignated--
(I) in the matter preceding
subclause (I), by inserting ``except as
otherwise provided,'' before
``require''; and
(II) in subclause (II)--
(aa) in the matter
preceding item (aa), by
striking ``death or
disability'' and inserting
``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''; and
(bb) in item (bb), by
adding ``and'' at the end;
(vii) by striking paragraph (13); and
(viii) by redesignating paragraph (14) as
paragraph (8); and
(D) by inserting after subsection (b), as so
redesignated, the following:
``(c) Chemical and Biological Responsibilities.--The Office--
``(1) shall be responsible for coordinating with other
Federal efforts to enhance the ability of Federal, State,
local, and Tribal governments to prevent, detect, protect
against, and mitigate the impacts of chemical and biological
threats against the United States; and
``(2) shall--
``(A) serve as a primary entity of the Federal
Government to further develop, acquire, deploy, and
support the operations of a national biosurveillance
system in support of Federal, State, local, Tribal, and
territorial governments, and improve that system over
time;
``(B) enhance the chemical and biological detection
efforts of Federal, State, local, Tribal, and
territorial governments and provide guidance, tools,
and training to help ensure a managed, coordinated
response; and
``(C) collaborate with the Biomedical Advanced
Research and Development Authority, the Office of
Health Security, the Defense Advanced Research Projects
Agency, and the National Aeronautics and Space
Administration, and other relevant Federal
stakeholders, and receive input from industry,
academia, and the national laboratories on chemical and
biological surveillance efforts.'';
(5) in section 1924 (6 U.S.C. 593), by striking ``section
11011 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and inserting
``section 4092 of title 10, United States Code, except that the
authority shall be limited to facilitate the recruitment of
experts in the chemical, biological, radiological, or nuclear
specialties.'';
(6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
(A) in clause (i), by striking ``required under
section 1036 of the National Defense Authorization Act
for Fiscal Year 2010'';
(B) in clause (ii), by striking ``and'' at the end;
(C) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(iv) includes any other information
regarding national technical nuclear forensics
activities carried out under section 1923.'';
(7) in section 1928 (6 U.S.C. 596b)--
(A) in subsection (c)(1), by striking ``from among
high-risk urban areas under section 2003'' and
inserting ``based on the capability and capacity of the
jurisdiction, as well as the relative threat,
vulnerability, and consequences from terrorist attacks
and other high-consequence events utilizing nuclear or
other radiological materials''; and
(B) by striking subsection (d) and inserting the
following:
``(d) Report.--Not later than 2 years after the date of enactment
of the Offices of Countering Weapons of Mass Destruction and Health
Security Act of 2022, the Secretary shall submit to the appropriate
congressional committees an update on the STC program.''; and
(8) by adding at the end the following:
``SEC. 1929. ACCOUNTABILITY.
``(a) Departmentwide Strategy.--
``(1) In general.--Not later than 180 days after the date
of enactment of Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, and every 4 years
thereafter, the Secretary shall create a Departmentwide
strategy and implementation plan to counter weapons of mass
destruction and chemical, biological, radiological, nuclear,
and other related emerging threats, which should--
``(A) have clearly identified authorities,
specified roles, objectives, benchmarks,
accountability, and timelines;
``(B) incorporate the perspectives of non-Federal
and private sector partners; and
``(C) articulate how the Department will contribute
to relevant national-level strategies and work with
other Federal agencies.
``(2) Consideration.--The Secretary shall appropriately
consider weapons of mass destruction and chemical, biological,
radiological, nuclear, and other related emerging threats when
creating the strategy and implementation plan required under
paragraph (1).
``(3) Report.--The Office shall submit to the appropriate
congressional committees a report on the updated Departmentwide
strategy and implementation plan required under paragraph (1).
``(b) Departmentwide Biodefense Review and Strategy.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, the Secretary, in
consultation with appropriate stakeholders representing
Federal, State, Tribal, territorial, academic, private sector,
and nongovernmental entities, shall conduct a Departmentwide
review of biodefense activities and strategies.
``(2) Review.--The review required under paragraph (1)
shall--
``(A) identify with specificity the biodefense
lines of effort of the Department, including relating
to biodefense roles, responsibilities, and capabilities
of components and offices of the Department;
``(B) assess how such components and offices
coordinate internally and with public and private
partners in the biodefense enterprise;
``(C) identify any policy, resource, capability, or
other gaps in the Department's ability to assess,
prevent, protect against, and respond to biological
threats; and
``(D) identify any organizational changes or
reforms necessary for the Department to effectively
execute its biodefense mission and role, including with
respect to public and private partners in the
biodefense enterprise.
``(3) Strategy.--Not later than 1 year after completion of
the review required under paragraph (1), the Secretary shall
issue a biodefense strategy for the Department that--
``(A) is informed by such review and is aligned
with section 1086 of the National Defense Authorization
Act for Fiscal Year 2017 (6 U.S.C. 104; relating to the
development of a national biodefense strategy and
associated implementation plan, including a review and
assessment of biodefense policies, practices, programs,
and initiatives) or any successor strategy; and
``(B) shall--
``(i) describe the biodefense mission and
role of the Department, as well as how such
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, Tribal, and territorial entities,
with specificity regarding the frequency and
nature of such engagement by Department
components and offices with State, local,
Tribal and territorial entities; and
``(v) include information relating to--
``(I) milestones and performance
metrics that are specific to the
biodefense mission and role of the
Department described in clause (i); and
``(II) implementation of any
operational changes necessary to carry
out clauses (iii) and (iv).
``(4) Periodic update.--Beginning not later than 5 years
after the issuance of the 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 2022, the Office shall submit to and brief the
appropriate congressional committees on a strategy and plan to
continuously improve morale within the Office.
``(d) Comptroller General.--Not later than 1 year after the date of
enactment of the Offices of Countering Weapons of Mass Destruction and
Health Security Act of 2022, the Comptroller General of the United
States shall conduct a review of and brief the appropriate
congressional committees on--
``(1) the efforts of the Office to prioritize the programs
and activities that carry out the mission of the Office,
including research and development;
``(2) the consistency and effectiveness of stakeholder
coordination across the mission of the Department, including
operational and support components of the Department and State
and local entities; and
``(3) the efforts of the Office to manage and coordinate
the lifecycle of research and development within the Office and
with other components of the Department, including the Science
and Technology Directorate.
``(e) National Academies of Sciences, Engineering, and Medicine.--
``(1) Study.--The Secretary shall enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine to conduct a consensus study and report to the
Secretary and the appropriate congressional committees on--
``(A) the role of the Department in preparing,
detecting, and responding to biological and health
security threats to the homeland;
``(B) recommendations to improve departmental
biosurveillance efforts against biological threats,
including any relevant biological detection methods and
technologies; and
``(C) the feasibility of different technological
advances for biodetection compared to the cost, risk
reduction, and timeliness of those advances.
``(2) Briefing.--Not later than 1 year after the date on
which the Secretary receives the report required under
paragraph (1), the Secretary shall brief the appropriate
congressional committees on--
``(A) the implementation of the recommendations
included in the report; and
``(B) the status of biological detection at the
Department, and, if applicable, timelines for the
transition from Biowatch to updated technology.
``(f) Advisory Council.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, the Secretary
shall establish an advisory body to advise on the ongoing
coordination of the efforts of the Department to counter
weapons of mass destruction, to be known as the Advisory
Council for Countering Weapons of Mass Destruction (in this
subsection referred to as the `Advisory Council').
``(2) Membership.--The members of the Advisory Council
shall--
``(A) be appointed by the Assistant Secretary; and
``(B) to the extent practicable, represent a
geographic (including urban and rural) and substantive
cross section of officials, from State, local, and
Tribal governments, academia, the private sector,
national laboratories, and nongovernmental
organizations, including, as appropriate--
``(i) members selected from the emergency
management field and emergency response
providers;
``(ii) State, local, and Tribal government
officials;
``(iii) experts in the public and private
sectors with expertise in chemical, biological,
radiological, and nuclear agents and weapons;
``(iv) representatives from the national
laboratories; and
``(v) such other individuals as the
Assistant Secretary determines to be
appropriate.
``(3) Responsibilities.-- The Advisory Council shall--
``(A) advise the Assistant Secretary on all aspects
of countering weapons of mass destruction;
``(B) incorporate State, local, and Tribal
government, national laboratories, and private sector
input in the development of the strategy and
implementation plan of the Department for countering
weapons of mass destruction; and
``(C) establish performance criteria for a national
biological detection system and review the testing
protocol for biological detection prototypes.
``(4) Consultation.--To ensure input from and coordination
with State, local, and Tribal governments, the Assistant
Secretary shall regularly consult and work with the Advisory
Council on the administration of Federal assistance provided by
the Department, including with respect to the development of
requirements for countering weapons of mass destruction
programs, as appropriate.
``(5) Voluntary service.--The members of the Advisory
Council shall serve on the Advisory Council on a voluntary
basis.
``(6) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Council.''.
(b) Countering Weapons of Mass Destruction Act of 2018.--Section 2
of the Countering Weapons of Mass Destruction Act of 2018 (Public Law
115-387; 132 Stat. 5162) is amended--
(1) in subsection (b)(2) (6 U.S.C. 591 note), by striking
``1927'' and inserting ``1926''; and
(2) in subsection (g) (6 U.S.C. 591 note)--
(A) in the matter preceding paragraph (1), by
striking ``one year after the date of the enactment of
this Act, and annually thereafter,'' and inserting
``June 30 of each year,''; and
(B) in paragraph (2), by striking ``Security,
including research and development activities'' and
inserting ``Security''.
(c) Security and Accountability for Every Port Act of 2006.--The
Security and Accountability for Every Port Act of 2006 (6 U.S.C. 901 et
seq.) is amended--
(1) in section 1(b) (Public Law 109-347; 120 Stat 1884), by
striking the item relating to section 502; and
(2) by striking section 502 (6 U.S.C. 592a).
SEC. 102. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title shall be
construed to affect or diminish the authorities or responsibilities of
the Under Secretary for Science and Technology.
TITLE II--OFFICE OF HEALTH SECURITY
SEC. 201. 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)--
(i) by striking ``the Assistant Secretary
for Health Affairs,''; and
(ii) by striking ``Affairs, or'' and
inserting ``Affairs or''; and
(B) in subsection (d), by adding at the end the
following:
``(6) A Chief Medical Officer.'';
(2) by adding at the end the following:
``TITLE XXIII--OFFICE OF HEALTH SECURITY'';
(3) by redesignating section 1931 (6 U.S.C. 597) as section
2301 and transferring such section to appear after the heading
for title XXIII, as added by paragraph (2); and
(4) in section 2301, as so redesignated--
(A) in the section heading, by striking ``chief
medical officer'' and inserting ``office of health
security'';
(B) by striking subsections (a) and (b) and
inserting the following:
``(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) 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'' and inserting ``oversight of
all medical, public health, and workforce
health and safety matters of the Department'';
(ii) in paragraph (1), by striking ``, the
Administrator of the Federal Emergency
Management Agency, the Assistant Secretary, and
other Department officials'' and inserting
``and all other Department officials'';
(iii) in paragraph (4), by striking ``and''
at the end;
(iv) by redesignating paragraph (5) as
paragraph (13); and
(v) by inserting after paragraph (4) the
following:
``(5) overseeing all medical and public health activities
of the Department, including the delivery, advisement, and
oversight of direct patient care and the organization,
management, and staffing of component operations that deliver
direct patient care;
``(6) advising the head of each component of the Department
that delivers direct patient care regarding the recruitment and
appointment of a component chief medical officer and deputy
chief medical officer or the employee who functions in the
capacity of chief medical officer and deputy chief medical
officer;
``(7) advising the Secretary and the head of each component
of the Department that delivers direct patient care regarding
knowledge and skill standards for medical personnel and the
assessment of that knowledge and skill;
``(8) advising the Secretary and the head of each component
of the Department that delivers patient care regarding the
collection, storage, and oversight of medical records;
``(9) with respect to any psychological health counseling
or assistance program of the Department, including such a
program of a law enforcement, operational, or support component
of the Department, advising the head of each such component
with such a program regarding--
``(A) ensuring such program includes safeguards
against adverse action, including automatic referrals
for a fitness for duty examination, by such component
with respect to any employee solely because such
employee self-identifies a need for psychological
health counseling or assistance or receives such
counseling or assistance;
``(B) increasing the availability and number of
local psychological health professionals with
experience providing psychological support services to
personnel;
``(C) establishing a behavioral health curriculum
for employees at the beginning of their careers to
provide resources early regarding the importance of
psychological health;
``(D) establishing periodic management training on
crisis intervention and such component's psychological
health counseling or assistance program;
``(E) improving any associated existing employee
peer support programs, including by making additional
training and resources available for peer support
personnel in the workplace across such component;
``(F) developing and implementing a voluntary
alcohol treatment program that includes a safe harbor
for employees who seek treatment;
``(G) including, when appropriate, collaborating
and partnering with key employee stakeholders and, for
those components with employees with an exclusive
representative, the exclusive representative with
respect to such a program;
``(10) in consultation with the Chief Information Officer
of the Department--
``(A) identifying methods and technologies for
managing, updating, and overseeing patient records; and
``(B) setting standards for technology used by the
components of the Department regarding the collection,
storage, and oversight of medical records;
``(11) advising the Secretary and the head of each
component of the Department that delivers direct patient care
regarding contracts for the delivery of direct patient care,
other medical services, and medical supplies;
``(12) coordinating with the Countering Weapons of Mass
Destruction Office and other components of the Department as
directed by the Secretary to enhance the ability of Federal,
State, local, Tribal, and territorial governments to prevent,
detect, protect against, and mitigate the health effects of
chemical, biological, radiological, and nuclear issues; and'';
and
(D) by adding at the end the following:
``(d) Assistance and Agreements.--The Secretary, acting through the
Chief Medical Officer, in support of the medical and public health
activities of the Department, may--
``(1) provide technical assistance, training, and
information and distribute funds through grants and cooperative
agreements to State, local, Tribal, and territorial governments
and nongovernmental organizations;
``(2) enter into other transactions;
``(3) enter into agreements with other Federal agencies;
and
``(4) accept services from personnel of components of the
Department and other Federal agencies on a reimbursable or
nonreimbursable basis.
``(e) Office of Health Security Privacy Officer.--There shall be a
Privacy Officer in the Office of Health Security with primary
responsibility for privacy policy and compliance within the Office, who
shall--
``(1) report directly to the Chief Medical Officer; and
``(2) ensure privacy protections are integrated into all
Office of Health Security activities, subject to the review and
approval of the Privacy Officer of the Department to the extent
consistent with the authority of the Privacy Officer of the
Department under section 222.
``(f) Accountability.--
``(1) Strategy and implementation plan.--Not later than 180
days after the date of enactment of this section, and every 4
years thereafter, the Secretary shall create a Departmentwide
strategy and implementation plan to address health threats.
``(2) Briefing.--Not later than 90 days after the date of
enactment of this section, the Secretary shall brief the
appropriate congressional committees on the organizational
transformations of the Office of Health Security, including how
best practices were used in the creation of the Office of
Health Security.'';
(5) by redesignating section 710 (6 U.S.C. 350) as section
2302 and transferring such section to appear after section
2301, as so redesignated;
(6) in section 2302, as so redesignated--
(A) in the section heading, by striking ``medical
support'' and inserting ``safety'';
(B) in subsection (a), by striking ``Under
Secretary for Management'' each place that term appears
and inserting ``Chief Medical Officer''; and
(C) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``Under Secretary for Management,
in coordination with the Chief Medical
Officer,'' and inserting ``Chief Medical
Officer''; and
(ii) in paragraph (3), by striking ``as
deemed appropriate by the Under Secretary,'';
(7) by redesignating section 528 (6 U.S.C. 321q) as section
2303 and transferring such section to appear after section
2302, as so redesignated; and
(8) in section 2303(a), as so redesignated, by striking
``Assistant Secretary for the Countering Weapons of Mass
Destruction Office'' and inserting ``Chief Medical Officer''.
(b) Transition and Transfers.--
(1) Transition.--The individual appointed pursuant to
section 1931 of the Homeland Security Act of 2002 (6 U.S.C.
597) of the Department of Homeland Security, as in effect on
the day before the date of enactment of this Act, and serving
as the Chief Medical Officer of the Department of Homeland
Security on the day before the date of enactment of this Act,
shall continue to serve as the Chief Medical Officer of the
Department on and after the date of enactment of this Act
without the need for reappointment.
(2) Rule of construction.--The rule of construction
described in section 2(hh) of the Presidential Appointment
Efficiency and Streamlining Act of 2011 (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 enactment of this Act,
and such officer shall be paid pursuant to section 3132(a)(2)
or 5315 of title 5, United States Code.
(3) Transfer.--The Secretary of Homeland Security shall
transfer to the Chief Medical Officer of the Department of
Homeland Security--
(A) all functions, personnel, budget authority, and
assets of the Under Secretary for Management relating
to workforce health and safety, as in existence on the
day before the date of enactment of this Act;
(B) all functions, personnel, budget authority, and
assets of 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, as in existence on the day before
the date of enactment of this Act; and
(C) all functions, personnel, budget authority, and
assets of the Assistant Secretary for the Countering
Weapons of Mass Destruction Office associated with the
efforts pertaining to the program coordination
activities relating to defending the food, agriculture,
and veterinary defenses of the Office, as in existence
on the day before the date of enactment of this Act.
SEC. 202. 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 to appear after section 2303, as so
redesignated by section 201 of this Act.
SEC. 203. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.
Title XXIII of the Homeland Security Act of 2002, as added by this
Act, is amended by adding at the end the following:
``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.
``(a) Definitions.--In this section:
``(1) Health care provider.--The term `health care
provider' means an individual who--
``(A) is--
``(i) an employee of the Department;
``(ii) a detailee to the Department from
another Federal agency;
``(iii) a personal services contractor of
the Department; or
``(iv) hired under a contract for services;
``(B) performs health care services as part of
duties of the individual in that capacity; and
``(C) has a current, valid, and unrestricted
license or certification--
``(i) that is issued by a State, the
District of Columbia, or a commonwealth,
territory, or possession of the United States;
and
``(ii) that is for the practice of
medicine, osteopathic medicine, dentistry,
nursing, emergency medical services, or another
health profession.
``(2) Medical quality assurance program.--The term `medical
quality assurance program' means any activity carried out by
the Department to assess the quality of medical care, including
activities conducted by individuals, committees, or other
review bodies responsible for quality assurance, credentials,
infection control, incident reporting, the delivery,
advisement, and oversight of direct patient care and assessment
(including treatment procedures, blood, drugs, and
therapeutics), medical records, health resources management
review, and identification and prevention of medical, mental
health, or dental incidents and risks.
``(3) Medical quality assurance record of the department.--
The term `medical quality assurance record of the Department'
means all information, including the proceedings, records
(including patient records that the Department creates and
maintains as part of a system of records), minutes, and reports
that--
``(A) emanate from quality assurance program
activities described in paragraph (2); and
``(B) are produced or compiled by the Department as
part of a medical quality assurance program.
``(b) Confidentiality of Records.--A medical quality assurance
record of the Department that is created as part of a medical quality
assurance program--
``(1) is confidential and privileged; and
``(2) except as provided in subsection (d), may not be
disclosed to any person or entity.
``(c) Prohibition on Disclosure and Testimony.--Except as otherwise
provided in this section--
``(1) no part of any medical quality assurance record of
the Department may be subject to discovery or admitted into
evidence in any judicial or administrative proceeding; and
``(2) an individual who reviews or creates a medical
quality assurance record of the Department or who participates
in any proceeding that reviews or creates a medical quality
assurance record of the Department may not be permitted or
required to testify in any judicial or administrative
proceeding with respect to the record or with respect to any
finding, recommendation, evaluation, opinion, or action taken
by that individual in connection with the record.
``(d) Authorized Disclosure and Testimony.--
``(1) In general.--Subject to paragraph (2), a medical
quality assurance record of the Department may be disclosed,
and a person described in subsection (c)(2) may give testimony
in connection with the record, only as follows:
``(A) To a Federal agency or private organization,
if the medical quality assurance record of the
Department or testimony is needed by the Federal agency
or private organization to--
``(i) perform licensing or accreditation
functions related to Department health care
facilities, a facility affiliated with the
Department, or any other location authorized by
the Secretary for the performance of health
care services; or
``(ii) perform monitoring, required by law,
of Department health care facilities, a
facility affiliated with the Department, or any
other location authorized by the Secretary for
the performance of health care services.
``(B) To an administrative or judicial proceeding
concerning an adverse action related to the
credentialing of or health care provided by a present
or former health care provider by the Department.
``(C) To a governmental board or agency or to a
professional health care society or organization, if
the medical quality assurance record of the Department
or testimony is needed by the board, agency, society,
or organization to perform licensing, credentialing, or
the monitoring of professional standards with respect
to any health care provider who is or was a health care
provider for the Department.
``(D) To a hospital, medical center, or other
institution that provides health care services, if the
medical quality assurance record of the Department or
testimony is needed by the institution to assess the
professional qualifications of any health care provider
who is or was a health care provider for the Department
and who has applied for or been granted authority or
employment to provide health care services in or on
behalf of the institution.
``(E) To an employee, a detailee, or a contractor
of the Department who has a need for the medical
quality assurance record of the Department or testimony
to perform official duties or duties within the scope
of their contract.
``(F) To a criminal or civil law enforcement agency
or instrumentality charged under applicable law with
the protection of the public health or safety, if a
qualified representative of the agency or
instrumentality makes a written request that the
medical quality assurance record of the Department or
testimony be provided for a purpose authorized by law.
``(G) In an administrative or judicial proceeding
commenced by a criminal or civil law enforcement agency
or instrumentality described in subparagraph (F), but
only with respect to the subject of the proceeding.
``(2) Personally identifiable information.--
``(A) In general.--With the exception of the
subject of a quality assurance action, personally
identifiable information of any person receiving health
care services from the Department or of any other
person associated with the Department for purposes of a
medical quality assurance program that is disclosed in
a medical quality assurance record of the Department
shall be deleted from that record before any disclosure
of the record is made outside the Department.
``(B) Application.--The requirement under
subparagraph (A) shall not apply to the release of
information that is permissible under section 552a of
title 5, United States Code (commonly known as the
`Privacy Act of 1974').
``(e) Disclosure for Certain Purposes.--Nothing in this section
shall be construed--
``(1) to authorize or require the withholding from any
person or entity aggregate statistical information regarding
the results of medical quality assurance programs; or
``(2) to authorize the withholding of any medical quality
assurance record of the Department from a committee of either
House of Congress, any joint committee of Congress, or the
Comptroller General of the United States if the record pertains
to any matter within their respective jurisdictions.
``(f) Prohibition on Disclosure of Information, Record, or
Testimony.--A person or entity having possession of or access to a
medical quality assurance record of the Department or testimony
described in this section may not disclose the contents of the record
or testimony in any manner or for any purpose except as provided in
this section.
``(g) Exemption From Freedom of Information Act.--A medical quality
assurance record of the Department shall be exempt from disclosure
under section 552(b)(3) of title 5, United States Code (commonly known
as the `Freedom of Information Act').
``(h) Limitation on Civil Liability.--A person who participates in
the review or creation of, or provides information to a person or body
that reviews or creates, a medical quality assurance record of the
Department shall not be civilly liable for that participation or for
providing that information if the participation or provision of
information was provided in good faith based on prevailing professional
standards at the time the medical quality assurance program activity
took place.
``(i) Application to Information in Certain Other Records.--Nothing
in this section shall be construed as limiting access to the
information in a record created and maintained outside a medical
quality assurance program, including the medical record of a patient,
on the grounds that the information was presented during meetings of a
review body that are part of a medical quality assurance program.
``(j) Penalty.--Any person who willfully discloses a medical
quality assurance record of the Department other than as provided in
this section, knowing that the record is a medical quality assurance
record of the Department shall be fined not more than $3,000 in the
case of a first offense and not more than $20,000 in the case of a
subsequent offense.
``(k) Relationship to Coast Guard.--The requirements of this
section shall not apply to any medical quality assurance record of the
Department that is created by or for the Coast Guard as part of a
medical quality assurance program.''.
SEC. 204. PORTABILITY OF LICENSURE.
(a) Transfer.--Section 16005 of the CARES Act (6 U.S.C. 320 note)
is redesignated as section 2306 of the Homeland Security Act of 2002
and transferred so as to appear after section 2305, as added by section
203 of this Act.
(b) Repeal.--Section 2306 of the Homeland Security Act of 2002, as
so redesignated by subsection (a), is amended by striking subsection
(c).
SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(1) in the table of contents in section 1(b) (Public Law
107-296; 116 Stat. 2135)--
(A) by striking the items relating to sections 528
and 529 and inserting the following:
``Sec. 528. Transfer of equipment during a public health emergency.'';
(B) by striking the items relating to sections 710,
711, 712, and 713 and inserting the following:
``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
``Sec. 712. Acquisition professional career program.'';
(C) by inserting after the item relating to section
1928 the following:
``Sec. 1929. Accountability.'';
(D) by striking the items relating to subtitle C of
title XIX and sections 1931 and 1932; and
(E) by adding at the end the following:
``TITLE XXIII--OFFICE OF HEALTH SECURITY
``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts
related to food, agriculture, and
veterinary defense against terrorism.
``Sec. 2304. Medical countermeasures program.
``Sec. 2305. Confidentiality of medical quality assurance records.
``Sec. 2306. Portability of licensure.'';
(2) by redesignating section 529 (6 U.S.C. 321r) as section
528;
(3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking
``section 711(a)'' and inserting ``section 710(a))'';
(4) by redesignating sections 711, 712, and 713 as sections
710, 711, and 712, respectively;
(5) in section 1923(b)(3) (6 U.S.C. 592(b)(3))--
(A) in the paragraph heading, by striking
``Hawaiian native-serving'' and inserting ``Native
hawaiian-serving''; and
(B) by striking ``Hawaiian native-serving'' and
inserting ```Native Hawaiian-serving'';
(6) by striking the subtitle heading for subtitle C of
title XIX;
(7) by striking section 1932 (6 U.S.C. 597a); and
(8) in section 2306, as so redesignated by section 204 of
this Act--
(A) by inserting ``portability of licensure.''
after ``2306.''; and
(B) in subsection (a), by striking ``(a)
Notwithstanding'' and inserting the following:
``(a) In General.--Notwithstanding''.
Calendar No. 675
117th CONGRESS
2d Session
S. 4465
[Report No. 117-276]
_______________________________________________________________________
A BILL
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 19, 2022
Reported with an amendment