Pandemic Darlings The pandemic economy, in original documents
Home Source documents S. 4465 — Offices of Countering Weapons of Mass Destruction and Health Security Act of 2022

S. 4465 — Offices of Countering Weapons of Mass Destruction and Health Security Act of 2022

Summary

S. 4465 is a bill introduced in the Senate on June 23, 2022, by Mr. Peters (for himself and Mr. Portman). It is 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. The short title is the Offices of Countering Weapons of Mass Destruction and Health Security Act of 2022. The table of contents lists Title I, Countering Weapons of Mass Destruction Office, and Title II, Office of Health Security, with sections on a medical countermeasures program, confidentiality of medical quality assurance records, and portability of licensure.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 117S4465Is Bills 117S4465Is
Case
Bills Bills 117S4465Is Bills 117S4465Is

Cite this document

“S. 4465 — Offices of Countering Weapons of Mass Destruction and Health Security Act of 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s4465is-bills-117s4465is/, SHA-256 c1bbc37aba4f8c98524de027dc7c60cf199e72fb0c1c6e2c36409c71a45ec195.

Full text

                                                                                                                                                                          II




                                                                       117TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4465
                                                                       To establish a Countering Weapons of Mass Destruction Office and an Office
                                                                           of Health Security in the Department of Homeland Security, and for
                                                                           other purposes.




                                                                                   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 Secu-
                                                                           rity and Governmental Affairs




                                                                                                                 A BILL
                                                                       To establish a Countering Weapons of Mass Destruction
                                                                          Office and an Office of Health Security in the Depart-
                                                                          ment of Homeland Security, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE, TABLE OF CONTENTS.

                                                                         4              (a) SHORT TITLE.—This Act may be cited as the
                                                                         5 ‘‘Offices of Countering Weapons of Mass Destruction and
                                                                         6 Health Security Act of 2022’’.
                                                                         7              (b) TABLE OF CONTENTS.—The table of contents for




kjohnson on DSK79L0C42PROD with BILLS
                                                                         8 this Act is as follows:
                                                                               Sec. 1. Short title, table of contents.



                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6211   E:\BILLS\S4465.IS   S4465
                                                                                                                                  2
                                                                                      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.

                                                                         1 TITLE I—COUNTERING WEAP-
                                                                         2    ONS OF MASS DESTRUCTION
                                                                         3    OFFICE
                                                                         4     SEC. 101. COUNTERING WEAPONS OF MASS DESTRUCTION

                                                                         5                             OFFICE.

                                                                         6              (a) HOMELAND SECURITY ACT OF 2002.—Title XIX
                                                                         7 of the Homeland Security Act of 2002 (6 U.S.C. 590 et
                                                                         8 seq.) is amended—
                                                                         9                        (1) in section 1901 (6 U.S.C. 591)—
                                                                       10                                  (A) in subsection (c), by amending para-
                                                                       11                         graphs (1) and (2) to read as follows:
                                                                       12                         ‘‘(1) matters and strategies pertaining to—
                                                                       13                                  ‘‘(A) weapons of mass destruction; and
                                                                       14                                  ‘‘(B) chemical, biological, radiological, nu-
                                                                       15                         clear, and other related emerging threats; and
                                                                       16                         ‘‘(2) coordinating the efforts of the Department
                                                                       17               to counter—
                                                                       18                                  ‘‘(A) weapons of mass destruction; and



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                                  3
                                                                         1                                 ‘‘(B) chemical, biological, radiological, nu-
                                                                         2                        clear, and other related emerging threats.’’; and
                                                                         3                                 (B) by striking subsection (e);
                                                                         4                        (2) by amending section 1921 (6 U.S.C. 591g)
                                                                         5              to read as follows:
                                                                         6     ‘‘SEC. 1921. MISSION OF THE OFFICE.

                                                                         7              ‘‘The Office shall be responsible for—
                                                                         8                        ‘‘(1) coordinating the efforts of the Department
                                                                         9              to counter—
                                                                       10                                  ‘‘(A) weapons of mass destruction; and
                                                                       11                                  ‘‘(B) chemical, biological, radiological, nu-
                                                                       12                         clear, and other related emerging threats; and
                                                                       13                         ‘‘(2) enhancing the ability of Federal, State,
                                                                       14               local, Tribal, and territorial partners to prevent, de-
                                                                       15               tect, protect against, and mitigate the impacts of at-
                                                                       16               tacks using—
                                                                       17                                  ‘‘(A) weapons of mass destruction against
                                                                       18                         the United States; and
                                                                       19                                  ‘‘(B) chemical, biological, radiological, nu-
                                                                       20                         clear, and other related emerging threats
                                                                       21                         against the United States.’’;
                                                                       22                         (3) in section 1922 (6 U.S.C. 591h)—
                                                                       23                                  (A) by striking subsection (b); and
                                                                       24                                  (B) by redesignating subsection (c) as sub-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         section (b);


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                                  4
                                                                         1                        (4) in section 1923 (6 U.S.C. 592)—
                                                                         2                                 (A) by redesignating subsections (a) and
                                                                         3                        (b) as subsections (b) and (d), respectively;
                                                                         4                                 (B) by inserting before subsection (b) the
                                                                         5                        following:
                                                                         6              ‘‘(a) OFFICE RESPONSIBILITIES.—
                                                                         7                        ‘‘(1) IN GENERAL.—For the purposes of coordi-
                                                                         8              nating the efforts of the Department to counter
                                                                         9              weapons of mass destruction and chemical, biologi-
                                                                       10               cal, radiological, and nuclear threats, the Office
                                                                       11               shall—
                                                                       12                                  ‘‘(A) provide expertise and guidance to De-
                                                                       13                         partment leadership and components on chem-
                                                                       14                         ical, biological, radiological, and nuclear mat-
                                                                       15                         ters, subject to the research, development, test-
                                                                       16                         ing, and evaluation coordination requirement
                                                                       17                         described in subparagraph (G);
                                                                       18                                  ‘‘(B) in coordination with the Office for
                                                                       19                         Strategy, Policy, and Plans, lead development
                                                                       20                         of policies and strategies to counter weapons of
                                                                       21                         mass destruction and chemical, biological, radi-
                                                                       22                         ological, and nuclear threats on behalf of the
                                                                       23                         Department;
                                                                       24                                  ‘‘(C) identify, assess, and prioritize capa-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         bility gaps relating to the Department’s chem-


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                                  5
                                                                         1                        ical, biological, radiological, and nuclear stra-
                                                                         2                        tegic and mission objectives;
                                                                         3                                 ‘‘(D) in coordination with the Office of In-
                                                                         4                        telligence and Analysis, support components of
                                                                         5                        the Department, and Federal, State, local,
                                                                         6                        Tribal, and territorial partners, provide intel-
                                                                         7                        ligence and information analysis and reports on
                                                                         8                        weapons of mass destruction and chemical, bio-
                                                                         9                        logical, radiological, nuclear, and other related
                                                                       10                         emerging threats;
                                                                       11                                  ‘‘(E) in consultation with the Science and
                                                                       12                         Technology Directorate, assess risk to the
                                                                       13                         United States from weapons of mass destruc-
                                                                       14                         tion and chemical, biological, radiological, nu-
                                                                       15                         clear, and other related emerging threats;
                                                                       16                                  ‘‘(F) lead development and prioritization of
                                                                       17                         Department requirements to counter weapons
                                                                       18                         of mass destruction and chemical, biological, ra-
                                                                       19                         diological, and nuclear threats, subject to the
                                                                       20                         research, development, testing, and evaluation
                                                                       21                         coordination requirement described in subpara-
                                                                       22                         graph (G), which requirements shall be—
                                                                       23                                          ‘‘(i) developed in coordination with
                                                                       24                                  end users; and



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                                  6
                                                                         1                                         ‘‘(ii) reviewed by the Joint Require-
                                                                         2                                 ments Council, as directed by the Sec-
                                                                         3                                 retary;
                                                                         4                                 ‘‘(G) in coordination with the Science and
                                                                         5                        Technology Directorate, direct, fund, and co-
                                                                         6                        ordinate capability development activities to
                                                                         7                        counter weapons of mass destruction and all
                                                                         8                        chemical, biological, radiological, and nuclear
                                                                         9                        research, development, test, and evaluation
                                                                       10                         matters, including research, development, test-
                                                                       11                         ing, and evaluation expertise, threat character-
                                                                       12                         ization, technology maturation, prototyping, and
                                                                       13                         technology transition;
                                                                       14                                  ‘‘(H) acquire, procure, and deploy counter
                                                                       15                         weapons of mass destruction capabilities, and
                                                                       16                         serve as the lead advisor of the Department on
                                                                       17                         component acquisition, procurement, and de-
                                                                       18                         ployment of counter-weapons of mass destruc-
                                                                       19                         tion capabilities;
                                                                       20                                  ‘‘(I) in coordination with the Office of
                                                                       21                         Health Security, support components of the De-
                                                                       22                         partment, and Federal, State, local, Tribal, and
                                                                       23                         territorial partners on chemical, biological, radi-
                                                                       24                         ological, and nuclear health matters;



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                                  7
                                                                         1                                 ‘‘(J) provide chemical, biological, radio-
                                                                         2                        logical, and nuclear expertise to Department
                                                                         3                        and Federal partners to support engagements
                                                                         4                        and efforts with international partners subject
                                                                         5                        to the research, development, testing, and eval-
                                                                         6                        uation coordination requirement under subpara-
                                                                         7                        graph (G); and
                                                                         8                                 ‘‘(K) carry out any other duties assigned
                                                                         9                        to the Office by the Secretary.
                                                                       10                         ‘‘(2) DETECTION AND REPORTING.—For pur-
                                                                       11               poses of the chemical, biological, radiological, and
                                                                       12               nuclear detection and reporting responsibilities of
                                                                       13               the Office, the Office shall—
                                                                       14                                  ‘‘(A) in coordination with end users, in-
                                                                       15                         cluding State, local, Tribal, and territorial part-
                                                                       16                         ners, as appropriate—
                                                                       17                                          ‘‘(i) carry out a program to test and
                                                                       18                                  evaluate technology, in consultation with
                                                                       19                                  the Science and Technology Directorate, to
                                                                       20                                  detect and report on chemical, biological,
                                                                       21                                  radiological, and nuclear weapons or unau-
                                                                       22                                  thorized material, in coordination with
                                                                       23                                  other Federal agencies, as appropriate, and
                                                                       24                                  establish performance metrics to evaluate



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  the effectiveness of individual detectors


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                                  8
                                                                         1                                 and detection systems in detecting those
                                                                         2                                 weapons or material—
                                                                         3                                                  ‘‘(I) under realistic operational
                                                                         4                                         and environmental conditions; and
                                                                         5                                                  ‘‘(II) against realistic adversary
                                                                         6                                         tactics and countermeasures;
                                                                         7                                 ‘‘(B) in coordination with end users, con-
                                                                         8                        duct, support, coordinate, and encourage a
                                                                         9                        transformational program of research and de-
                                                                       10                         velopment to generate and improve technologies
                                                                       11                         to detect, protect against, and report on the il-
                                                                       12                         licit entry, transport, assembly, or potential use
                                                                       13                         within the United States of chemical, biological,
                                                                       14                         radiological, and nuclear weapons or unauthor-
                                                                       15                         ized material, and coordinate with the Under
                                                                       16                         Secretary for Science and Technology on re-
                                                                       17                         search and development efforts relevant to the
                                                                       18                         mission of the Office and the Under Secretary
                                                                       19                         for Science and Technology;
                                                                       20                                  ‘‘(C) before carrying out operational test-
                                                                       21                         ing under subparagraph (A), develop a testing
                                                                       22                         and evaluation plan that articulates the require-
                                                                       23                         ments for the user and describes how these ca-
                                                                       24                         pability needs will be tested in developmental



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                                  9
                                                                         1                        test and evaluation and operational test and
                                                                         2                        evaluation;
                                                                         3                                 ‘‘(D) develop, acquire, and deploy equip-
                                                                         4                        ment to detect and report on chemical, biologi-
                                                                         5                        cal, radiological, and nuclear weapons or unau-
                                                                         6                        thorized material in support of Federal, State,
                                                                         7                        local, Tribal, and territorial governments;
                                                                         8                                 ‘‘(E) support and enhance the effective
                                                                         9                        sharing and use of appropriate information on
                                                                       10                         chemical, biological, radiological, and nuclear
                                                                       11                         threats and related emerging issues generated
                                                                       12                         by elements of the intelligence community (as
                                                                       13                         defined in section 3 of the National Security
                                                                       14                         Act of 1947 (50 U.S.C. 3003)), law enforce-
                                                                       15                         ment agencies, other Federal agencies, State,
                                                                       16                         local, Tribal, and territorial governments, and
                                                                       17                         foreign governments, as well as provide appro-
                                                                       18                         priate information to those entities;
                                                                       19                                  ‘‘(F) consult, as appropriate, with the Fed-
                                                                       20                         eral Emergency Management Agency and other
                                                                       21                         departmental components, on chemical, biologi-
                                                                       22                         cal, radiological, and nuclear threats and efforts
                                                                       23                         to mitigate, prepare, and respond to all threats
                                                                       24                         in support of the State, local, and Tribal com-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         munities; and


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              10
                                                                         1                                 ‘‘(G) perform other duties as assigned by
                                                                         2                        the Secretary.’’;
                                                                         3                                 (C) in subsection (b), as so redesignated—
                                                                         4                                         (i) in the subsection heading, by strik-
                                                                         5                                 ing ‘‘MISSION’’ and inserting ‘‘RADIO-
                                                                         6                                 LOGICAL            AND         NUCLEAR RESPONSIBIL-
                                                                         7                                 ITIES’’;

                                                                         8                                         (ii) in paragraph (1)—
                                                                         9                                                  (I) by inserting ‘‘deploy,’’ after
                                                                       10                                          ‘‘acquire,’’; and
                                                                       11                                                   (II) by striking ‘‘deployment’’
                                                                       12                                          and inserting ‘‘operations’’;
                                                                       13                                          (iii)      by        striking           paragraphs     (6)
                                                                       14                                  through (10);
                                                                       15                                          (iv) redesignating paragraphs (11)
                                                                       16                                  and (12) as paragraphs (6) and (7), re-
                                                                       17                                  spectively;
                                                                       18                                          (v) in paragraph (6)(B), as so redesig-
                                                                       19                                  nated, by striking ‘‘national strategic five-
                                                                       20                                  year plan referred to in paragraph (10)’’
                                                                       21                                  and inserting ‘‘United States national tech-
                                                                       22                                  nical nuclear forensics strategic planning’’;
                                                                       23                                          (vi) in paragraph (7)(C)(v), as so re-
                                                                       24                                  designated—



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              11
                                                                         1                                                  (I) in the matter preceding sub-
                                                                         2                                         clause (I), by inserting ‘‘except as oth-
                                                                         3                                         erwise provided,’’ before ‘‘require’’;
                                                                         4                                         and
                                                                         5                                                  (II) in subclause (II)—
                                                                         6                                                           (aa) in the matter preceding
                                                                         7                                                  item (aa), by striking ‘‘death or
                                                                         8                                                  disability’’ and inserting ‘‘death,
                                                                         9                                                  disability, or a finding of good
                                                                       10                                                   cause as determined by the As-
                                                                       11                                                   sistant Secretary (including ex-
                                                                       12                                                   treme hardship, extreme need, or
                                                                       13                                                   the needs of the Office) and for
                                                                       14                                                   which the Assistant Secretary
                                                                       15                                                   may grant a waiver of the repay-
                                                                       16                                                   ment obligation’’; and
                                                                       17                                                            (bb) in item (bb), by adding
                                                                       18                                                   ‘‘and’’ at the end;
                                                                       19                                          (vii) by striking paragraph (13); and
                                                                       20                                          (viii) by redesignating paragraph (14)
                                                                       21                                  as paragraph (8); and
                                                                       22                                  (D) by inserting after subsection (b), as so
                                                                       23                         redesignated, the following:
                                                                       24               ‘‘(c) CHEMICAL                                BIOLOGICAL RESPONSIBIL-



kjohnson on DSK79L0C42PROD with BILLS
                                                                                                                          AND

                                                                       25      ITIES.—The Office—



                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              12
                                                                         1                        ‘‘(1) shall be responsible for coordinating with
                                                                         2              other Federal efforts to enhance the ability of Fed-
                                                                         3              eral, State, local, and Tribal governments to prevent,
                                                                         4              detect, protect against, and mitigate the impacts of
                                                                         5              chemical and biological threats against the United
                                                                         6              States; and
                                                                         7                        ‘‘(2) shall—
                                                                         8                                 ‘‘(A) serve as a primary entity of the Fed-
                                                                         9                        eral Government to further develop, acquire, de-
                                                                       10                         ploy, and support the operations of a national
                                                                       11                         biosurveillance system in support of Federal,
                                                                       12                         State, local, Tribal, and territorial governments,
                                                                       13                         and improve that system over time;
                                                                       14                                  ‘‘(B) enhance the chemical and biological
                                                                       15                         detection efforts of Federal, State, local, Tribal,
                                                                       16                         and territorial governments and provide guid-
                                                                       17                         ance, tools, and training to help ensure a man-
                                                                       18                         aged, coordinated response; and
                                                                       19                                  ‘‘(C) collaborate with the Biomedical Ad-
                                                                       20                         vanced Research and Development Authority,
                                                                       21                         the Office of Health Security, the Defense Ad-
                                                                       22                         vanced Research Projects Agency, and the Na-
                                                                       23                         tional Aeronautics and Space Administration,
                                                                       24                         and other relevant Federal stakeholders, and



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         receive input from industry, academia, and the


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                               13
                                                                         1                        national laboratories on chemical and biological
                                                                         2                        surveillance efforts.’’;
                                                                         3                        (5) in section 1924 (6 U.S.C. 593), by striking
                                                                         4              ‘‘section 11011 of the Strom Thurmond National
                                                                         5              Defense Authorization Act for Fiscal Year 1999 (5
                                                                         6              U.S.C. 3104 note).’’ and inserting ‘‘section 4092 of
                                                                         7              title 10, United States Code, except that the author-
                                                                         8              ity shall be limited to facilitate the recruitment of
                                                                         9              experts in the chemical, biological, radiological, or
                                                                       10               nuclear specialties.’’;
                                                                       11                         (6)       in         section         1927(a)(1)(C)                  (6   U.S.C.
                                                                       12               596a(a)(1)(C))—
                                                                       13                                  (A) in clause (i), by striking ‘‘required
                                                                       14                         under section 1036 of the National Defense Au-
                                                                       15                         thorization Act for Fiscal Year 2010’’;
                                                                       16                                  (B) in clause (ii), by striking ‘‘and’’ at the
                                                                       17                         end;
                                                                       18                                  (C) in clause (iii), by striking the period at
                                                                       19                         the end and inserting ‘‘; and’’; and
                                                                       20                                  (D) by adding at the end the following:
                                                                       21                                          ‘‘(iv) includes any other information
                                                                       22                                  regarding               national             technical          nuclear
                                                                       23                                  forensics activities carried out under sec-
                                                                       24                                  tion 1923.’’;



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         (7) in section 1928 (6 U.S.C. 596b)—


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00013    Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              14
                                                                         1                                 (A) in subsection (c)(1), by striking ‘‘from
                                                                         2                        among high-risk urban areas under section
                                                                         3                        2003’’ and inserting ‘‘based on the capability
                                                                         4                        and capacity of the jurisdiction, as well as the
                                                                         5                        relative threat, vulnerability, and consequences
                                                                         6                        from terrorist attacks and other high-con-
                                                                         7                        sequence events utilizing nuclear or other radio-
                                                                         8                        logical materials’’; and
                                                                         9                                 (B) by striking subsection (d) and insert-
                                                                       10                         ing the following:
                                                                       11               ‘‘(d) REPORT.—Not later than 2 years after the date
                                                                       12 of enactment of the Offices of Countering Weapons of
                                                                       13 Mass Destruction and Health Security Act of 2022, the
                                                                       14 Secretary shall submit to the appropriate congressional
                                                                       15 committees an update on the STC program.’’; and
                                                                       16                         (8) by adding at the end the following:
                                                                       17      ‘‘SEC. 1929. ACCOUNTABILITY.

                                                                       18               ‘‘(a) DEPARTMENTWIDE STRATEGY.—Not later than
                                                                       19 180 days after the date of enactment of Offices of Coun-
                                                                       20 tering Weapons of Mass Destruction and Health Security
                                                                       21 Act of 2022, and every 4 years thereafter, the Secretary,
                                                                       22 in coordination with the Deputy Secretary, shall create a
                                                                       23 Departmentwide strategy and implementation plan to
                                                                       24 counter weapons of mass destruction and chemical, bio-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 logical, radiological, and nuclear threats, which should—


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00014   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              15
                                                                         1                        ‘‘(1) have clearly identified authorities, specified
                                                                         2              roles, objectives, benchmarks, accountability, and
                                                                         3              timelines;
                                                                         4                        ‘‘(2) incorporate the perspectives of non-Federal
                                                                         5              and private sector partners; and
                                                                         6                        ‘‘(3) articulate how the Department will con-
                                                                         7              tribute to relevant national-level strategies and work
                                                                         8              with other Federal agencies.
                                                                         9              ‘‘(b) CONSIDERATION.—The Secretary shall appro-
                                                                       10 priately consider chemical, biological, radiological, nuclear,
                                                                       11 and emerging threats when creating the strategy and im-
                                                                       12 plementation plan required under subsection (a).
                                                                       13               ‘‘(c) REPORT.—The Office shall submit to the appro-
                                                                       14 priate congressional committees a report on the updated
                                                                       15 Departmentwide strategy and implementation plan re-
                                                                       16 quired under subsection (a).
                                                                       17               ‘‘(d) EMPLOYEE MORALE.—Not later than 180 days
                                                                       18 after the date of enactment of the Offices of Countering
                                                                       19 Weapons of Mass Destruction and Health Security Act of
                                                                       20 2022, the Office shall submit to and brief the appropriate
                                                                       21 congressional committees on a strategy and plan to con-
                                                                       22 tinuously improve morale within the Office.
                                                                       23               ‘‘(e) COMPTROLLER GENERAL.—Not later than 1
                                                                       24 year after the date of enactment of the Offices of Coun-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 tering Weapons of Mass Destruction and Health Security


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              16
                                                                         1 Act of 2022, the Comptroller General of the United States
                                                                         2 shall conduct a review of and brief the appropriate con-
                                                                         3 gressional committees on—
                                                                         4                        ‘‘(1) the efforts of the Office to prioritize the
                                                                         5              programs and activities that carry out the mission of
                                                                         6              the Office, including research and development;
                                                                         7                        ‘‘(2) the consistency and effectiveness of stake-
                                                                         8              holder coordination across the countering weapons of
                                                                         9              mass destruction mission, including operational and
                                                                       10               support components of the Department and State
                                                                       11               and local entities; and
                                                                       12                         ‘‘(3) the efforts of the Office to manage and co-
                                                                       13               ordinate the lifecycle of research and development
                                                                       14               within the Office and with other components of the
                                                                       15               Department, including the Science and Technology
                                                                       16               Directorate.
                                                                       17               ‘‘(f) NATIONAL ACADEMIES OF SCIENCES, ENGI-
                                                                       18      NEERING, AND MEDICINE.—

                                                                       19                         ‘‘(1) STUDY.—The Secretary shall enter into an
                                                                       20               agreement with the National Academies of Sciences,
                                                                       21               Engineering, and Medicine to conduct a consensus
                                                                       22               study and report to the Secretary and the appro-
                                                                       23               priate congressional committees on—




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              17
                                                                         1                                 ‘‘(A) the role of the Department in pre-
                                                                         2                        paring, detecting, and responding to biological
                                                                         3                        and health security threats to the homeland;
                                                                         4                                 ‘‘(B) recommendations to improve depart-
                                                                         5                        mental biosurveillance efforts against biological
                                                                         6                        threats, including any relevant biological detec-
                                                                         7                        tion methods and technologies; and
                                                                         8                                 ‘‘(C) the feasibility of different techno-
                                                                         9                        logical advances for biodetection compared to
                                                                       10                         the cost, risk reduction, and timeliness of those
                                                                       11                         advances.
                                                                       12                         ‘‘(2) BRIEFING.—Not later than 1 year after
                                                                       13               the date on which the Secretary receives the report
                                                                       14               required under paragraph (1), the Secretary shall
                                                                       15               brief the appropriate congressional committees on—
                                                                       16                                  ‘‘(A) the implementation of the rec-
                                                                       17                         ommendations included in the report; and
                                                                       18                                  ‘‘(B) the status of biological detection at
                                                                       19                         the Department, and, if applicable, timelines for
                                                                       20                         the transition from Biowatch to updated tech-
                                                                       21                         nology.
                                                                       22               ‘‘(g) ADVISORY COUNCIL.—
                                                                       23                         ‘‘(1) ESTABLISHMENT.—Not later than 180
                                                                       24               days after the date of enactment of the Offices of



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               Countering Weapons of Mass Destruction and


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00017   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              18
                                                                         1              Health Security Act of 2022, the Secretary shall es-
                                                                         2              tablish an advisory body to ensure effective and on-
                                                                         3              going coordination of the efforts of the Department
                                                                         4              to counter weapons of mass destruction, to be known
                                                                         5              as the Advisory Council for Countering Weapons of
                                                                         6              Mass Destruction (in this subsection referred to as
                                                                         7              the ‘Advisory Council’).
                                                                         8                        ‘‘(2) MEMBERSHIP.—The members of the Advi-
                                                                         9              sory Council shall—
                                                                       10                                  ‘‘(A) be appointed by the Assistant Sec-
                                                                       11                         retary; and
                                                                       12                                  ‘‘(B) to the extent practicable, represent a
                                                                       13                         geographic (including urban and rural) and
                                                                       14                         substantive cross section of officials, from
                                                                       15                         State, local, and Tribal governments, academia,
                                                                       16                         the private sector, national laboratories, and
                                                                       17                         nongovernmental organizations, including, as
                                                                       18                         appropriate—
                                                                       19                                          ‘‘(i) members selected from the emer-
                                                                       20                                  gency management field and emergency re-
                                                                       21                                  sponse providers;
                                                                       22                                          ‘‘(ii) State, local, and Tribal govern-
                                                                       23                                  ment officials;
                                                                       24                                          ‘‘(iii) experts in the public and private



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  sectors with expertise in chemical, biologi-


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00018   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              19
                                                                         1                                 cal, radiological, and nuclear agents and
                                                                         2                                 weapons;
                                                                         3                                         ‘‘(iv) representatives from the national
                                                                         4                                 laboratories; and
                                                                         5                                         ‘‘(v) such other individuals as the As-
                                                                         6                                 sistant Secretary determines to be appro-
                                                                         7                                 priate.
                                                                         8                        ‘‘(3) RESPONSIBILITIES.— The Advisory Coun-
                                                                         9              cil shall—
                                                                       10                                  ‘‘(A) advise the Assistant Secretary on all
                                                                       11                         aspects of countering weapons of mass destruc-
                                                                       12                         tion;
                                                                       13                                  ‘‘(B) incorporate State, local, and Tribal
                                                                       14                         government, national laboratories, and private
                                                                       15                         sector input in the development of the strategy
                                                                       16                         and implementation plan of the Department for
                                                                       17                         countering weapons of mass destruction; and
                                                                       18                                  ‘‘(C) establish performance criteria for a
                                                                       19                         national biological detection system and review
                                                                       20                         the testing protocol for biological detection pro-
                                                                       21                         totypes.
                                                                       22                         ‘‘(4) CONSULTATION.—To ensure input from
                                                                       23               and coordination with State, local, and Tribal gov-
                                                                       24               ernments, the Assistant Secretary shall regularly



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               consult and work with the Advisory Council on the


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00019   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              20
                                                                         1              administration of Federal assistance provided by the
                                                                         2              Department, including with respect to the develop-
                                                                         3              ment of requirements for countering weapons of
                                                                         4              mass destruction programs, as appropriate.
                                                                         5                        ‘‘(5) VOLUNTARY SERVICE.—The members of
                                                                         6              the Advisory Council shall serve on the Advisory
                                                                         7              Council on a voluntary basis.
                                                                         8                        ‘‘(6) FACA.—The Federal Advisory Committee
                                                                         9              Act (5 U.S.C. App.) shall not apply to the Advisory
                                                                       10               Council.’’.
                                                                       11               (b) COUNTERING WEAPONS OF MASS DESTRUCTION
                                                                       12 ACT OF 2018.—Section 2 of the Countering Weapons of
                                                                       13 Mass Destruction Act of 2018 (Public Law 115–387; 132
                                                                       14 Stat. 5162) is amended—
                                                                       15                         (1) in subsection (b)(2) (6 U.S.C. 591 note), by
                                                                       16               striking ‘‘1927’’ and inserting ‘‘1926’’; and
                                                                       17                         (2) in subsection (g) (6 U.S.C. 591 note)—
                                                                       18                                  (A) in the matter preceding paragraph (1),
                                                                       19                         by striking ‘‘one year after the date of the en-
                                                                       20                         actment of this Act, and annually thereafter,’’
                                                                       21                         and inserting ‘‘June 30 of each year,’’; and
                                                                       22                                  (B) in paragraph (2), by striking ‘‘Secu-
                                                                       23                         rity, including research and development activi-
                                                                       24                         ties’’ and inserting ‘‘Security’’.



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00020   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              21
                                                                         1              (c) SECURITY AND ACCOUNTABILITY FOR EVERY
                                                                         2 PORT ACT OF 2006.—The Security and Accountability for
                                                                         3 Every Port Act of 2006 (6 U.S.C. 901 et seq.) is amend-
                                                                         4 ed—
                                                                         5                        (1) in section 1(b) (Public Law 109–347; 120
                                                                         6              Stat 1884), by striking the item relating to section
                                                                         7              502; and
                                                                         8                        (2) by striking section 502 (6 U.S.C. 592a).
                                                                         9     SEC. 102. RULE OF CONSTRUCTION.

                                                                       10               Nothing in this title or the amendments made by this
                                                                       11 title shall be construed to affect or diminish the authori-
                                                                       12 ties or responsibilities of the Under Secretary for Science
                                                                       13 and Technology.
                                                                       14            TITLE II—OFFICE OF HEALTH
                                                                       15                     SECURITY
                                                                       16      SEC. 201. OFFICE OF HEALTH SECURITY.

                                                                       17               (a) ESTABLISHMENT.—The Homeland Security Act
                                                                       18 of 2002 (6 U.S.C. 101 et seq.) is amended—
                                                                       19                         (1) in section 103 (6 U.S.C. 113)—
                                                                       20                                  (A) in subsection (a)(2)—
                                                                       21                                          (i) by striking ‘‘the Assistant Sec-
                                                                       22                                  retary for Health Affairs,’’; and
                                                                       23                                          (ii) by striking ‘‘Affairs, or’’ and in-
                                                                       24                                  serting ‘‘Affairs or’’; and



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00021   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              22
                                                                         1                                 (B) in subsection (d), by adding at the end
                                                                         2                        the following:
                                                                         3                        ‘‘(6) A Chief Medical Officer.’’;
                                                                         4                        (2) by adding at the end the following:
                                                                         5                      ‘‘TITLE XXIII—OFFICE OF
                                                                         6                         HEALTH SECURITY’’;
                                                                         7                        (3) by redesignating section 1931 (6 U.S.C.
                                                                         8              597) as section 2301 and transferring such section
                                                                         9              to appear after the heading for title XXIII, as added
                                                                       10               by paragraph (2); and
                                                                       11                         (4) in section 2301, as so redesignated—
                                                                       12                                  (A) in the section heading, by striking
                                                                       13                         ‘‘CHIEF MEDICAL OFFICER’’ and inserting
                                                                       14                         ‘‘OFFICE OF HEALTH SECURITY’’;
                                                                       15                                  (B) by striking subsections (a) and (b) and
                                                                       16                         inserting the following:
                                                                       17               ‘‘(a) IN GENERAL.—There is established in the De-
                                                                       18 partment an Office of Health Security.
                                                                       19               ‘‘(b) HEAD OF OFFICE OF HEALTH SECURITY.—The
                                                                       20 Office of Health Security shall be headed by a chief med-
                                                                       21 ical officer, who shall—
                                                                       22                         ‘‘(1) be the Assistant Secretary for Health Se-
                                                                       23               curity and the Chief Medical Officer of the Depart-
                                                                       24               ment;



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00022   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              23
                                                                         1                        ‘‘(2) be a licensed physician possessing a dem-
                                                                         2              onstrated ability in and knowledge of medicine and
                                                                         3              public health;
                                                                         4                        ‘‘(3) be appointed by the President; and
                                                                         5                        ‘‘(4) report directly to the Secretary.’’;
                                                                         6                                 (C) in subsection (c)—
                                                                         7                                         (i) in the matter preceding paragraph
                                                                         8                                 (1), by striking ‘‘medical issues related to
                                                                         9                                 natural disasters, acts of terrorism, and
                                                                       10                                  other man-made disasters’’ and inserting
                                                                       11                                  ‘‘oversight of all medical, public health,
                                                                       12                                  and workforce safety matters of the De-
                                                                       13                                  partment’’;
                                                                       14                                          (ii) in paragraph (1), by striking ‘‘,
                                                                       15                                  the Administrator of the Federal Emer-
                                                                       16                                  gency Management Agency, the Assistant
                                                                       17                                  Secretary, and other Department officials’’
                                                                       18                                  and inserting ‘‘and all other Department
                                                                       19                                  officials’’;
                                                                       20                                          (iii) in paragraph (4), by striking
                                                                       21                                  ‘‘and’’ at the end;
                                                                       22                                          (iv) by redesignating paragraph (5) as
                                                                       23                                  paragraph (12); and
                                                                       24                                          (v) by inserting after paragraph (4)



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  the following:


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00023   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              24
                                                                         1                        ‘‘(5) overseeing all medical and public health
                                                                         2              activities of the Department, including the delivery,
                                                                         3              advisement, and oversight of direct patient care and
                                                                         4              the organization, management, and staffing of com-
                                                                         5              ponent operations that deliver direct patient care;
                                                                         6                        ‘‘(6) advising the head of each component of
                                                                         7              the Department that delivers direct patient care re-
                                                                         8              garding the recruitment and appointment of a com-
                                                                         9              ponent chief medical officer and deputy chief med-
                                                                       10               ical officer or the employee who functions in the ca-
                                                                       11               pacity of chief medical officer and deputy chief med-
                                                                       12               ical officer;
                                                                       13                         ‘‘(7) advising the Secretary and the head of
                                                                       14               each component of the Department that delivers di-
                                                                       15               rect patient care regarding knowledge and skill
                                                                       16               standards for medical personnel and the assessment
                                                                       17               of that knowledge and skill;
                                                                       18                         ‘‘(8) advising the Secretary and the head of
                                                                       19               each component of the Department that delivers pa-
                                                                       20               tient care regarding the collection, storage, and over-
                                                                       21               sight of medical records;
                                                                       22                         ‘‘(9) in consultation with the Chief Information
                                                                       23               Officer of the Department—




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00024   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              25
                                                                         1                                 ‘‘(A) identifying methods and technologies
                                                                         2                        for managing, updating, and overseeing patient
                                                                         3                        records; and
                                                                         4                                 ‘‘(B) setting standards for technology used
                                                                         5                        by the components of the Department regarding
                                                                         6                        the collection, storage, and oversight of medical
                                                                         7                        records;
                                                                         8                        ‘‘(10) advising the Secretary and the head of
                                                                         9              each component of the Department that delivers di-
                                                                       10               rect patient care regarding contracts for the delivery
                                                                       11               of direct patient care, other medical services, and
                                                                       12               medical supplies;
                                                                       13                         ‘‘(11) coordinating with the Countering Weap-
                                                                       14               ons of Mass Destruction Office and other compo-
                                                                       15               nents of the Department as directed by the Sec-
                                                                       16               retary to enhance the ability of Federal, State, local,
                                                                       17               Tribal, and territorial governments to prevent, de-
                                                                       18               tect, protect against, and mitigate the health effects
                                                                       19               of chemical, biological, radiological, and nuclear
                                                                       20               issues; and’’; and
                                                                       21                                  (D) by adding at the end the following:
                                                                       22               ‘‘(d) ASSISTANCE                     AND         AGREEMENTS.—The Sec-
                                                                       23 retary, acting through the Chief Medical Officer, in sup-
                                                                       24 port of the medical and public health activities of the De-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 partment, may—


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00025   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              26
                                                                         1                        ‘‘(1) provide technical assistance, training, and
                                                                         2              information and distribute funds through grants and
                                                                         3              cooperative agreements to State, local, Tribal, and
                                                                         4              territorial governments and nongovernmental organi-
                                                                         5              zations;
                                                                         6                        ‘‘(2) enter into other transactions;
                                                                         7                        ‘‘(3) enter into agreements with other Federal
                                                                         8              agencies; and
                                                                         9                        ‘‘(4) accept services from personnel of compo-
                                                                       10               nents of the Department and other Federal agencies
                                                                       11               on a reimbursable or nonreimbursable basis.
                                                                       12               ‘‘(e) OFFICE OF HEALTH SECURITY PRIVACY OFFI-
                                                                       13      CER.—There shall be a Privacy Officer in the Office of

                                                                       14 Health Security with primary responsibility for privacy
                                                                       15 policy and compliance within the Office, who shall—
                                                                       16                         ‘‘(1) report directly to the Chief Medical Offi-
                                                                       17               cer; and
                                                                       18                         ‘‘(2) ensure privacy protections are integrated
                                                                       19               into all Office of Health Security activities, subject
                                                                       20               to the review and approval of the Privacy Officer of
                                                                       21               the Department to the extent consistent with the au-
                                                                       22               thority of the Privacy Officer of the Department
                                                                       23               under section 222.’’;




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00026   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              27
                                                                         1                        (5) by redesignating section 710 (6 U.S.C. 350)
                                                                         2              as section 2302 and transferring such section to ap-
                                                                         3              pear after section 2301, as so redesignated;
                                                                         4                        (6) in section 2302, as so redesignated—
                                                                         5                                 (A) in subsection (a), by striking ‘‘Under
                                                                         6                        Secretary for Management’’ each place that
                                                                         7                        term appears and inserting ‘‘Chief Medical Offi-
                                                                         8                        cer’’; and
                                                                         9                                 (B) in subsection (b)—
                                                                       10                                          (i) in the matter preceding paragraph
                                                                       11                                  (1), by striking ‘‘Under Secretary for Man-
                                                                       12                                  agement, in coordination with the Chief
                                                                       13                                  Medical Officer,’’ and inserting ‘‘Chief
                                                                       14                                  Medical Officer’’; and
                                                                       15                                          (ii) in paragraph (3), by striking ‘‘as
                                                                       16                                  deemed appropriate by the Under Sec-
                                                                       17                                  retary,’’;
                                                                       18                         (7) by redesignating section 528 (6 U.S.C.
                                                                       19               321q) as section 2303 and transferring such section
                                                                       20               to appear after section 2302, as so redesignated; and
                                                                       21                         (8) in section 2303(a), as so redesignated, by
                                                                       22               striking ‘‘Assistant Secretary for the Countering
                                                                       23               Weapons of Mass Destruction Office’’ and inserting
                                                                       24               ‘‘Chief Medical Officer’’.



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               (b) TRANSITION AND TRANSFERS.—


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00027   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              28
                                                                         1                        (1) TRANSITION.—The individual appointed
                                                                         2              pursuant to section 1931 of the Homeland Security
                                                                         3              Act of 2002 (6 U.S.C. 597) of the Department of
                                                                         4              Homeland Security, as in effect on the day before
                                                                         5              the date of enactment of this Act, and serving as the
                                                                         6              Chief Medical Officer of the Department of Home-
                                                                         7              land Security on the day before the date of enact-
                                                                         8              ment of this Act, shall continue to serve as the Chief
                                                                         9              Medical Officer of the Department on and after the
                                                                       10               date of enactment of this Act without the need for
                                                                       11               reappointment.
                                                                       12                         (2) RULE OF CONSTRUCTION.—The rule of con-
                                                                       13               struction described in section 2(hh) of the Presi-
                                                                       14               dential Appointment Efficiency and Streamlining
                                                                       15               Act of 2011 (5 U.S.C. 3132 note) shall not apply to
                                                                       16               the Chief Medical Officer of the Department of
                                                                       17               Homeland Security, including the incumbent who
                                                                       18               holds the position on the day before the date of en-
                                                                       19               actment of this Act, and such officer shall be paid
                                                                       20               pursuant to section 3132(a)(2) or 5315 of title 5,
                                                                       21               United States Code.
                                                                       22                         (3) TRANSFER.—The Secretary of Homeland
                                                                       23               Security shall transfer to the Chief Medical Officer
                                                                       24               of the Department of Homeland Security—



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00028   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              29
                                                                         1                                 (A) all functions, personnel, budget author-
                                                                         2                        ity, and assets of the Under Secretary for Man-
                                                                         3                        agement relating to workforce health and med-
                                                                         4                        ical support, as in existence on the day before
                                                                         5                        the date of enactment of this Act;
                                                                         6                                 (B) all functions, personnel, budget au-
                                                                         7                        thority, and assets of the Assistant Secretary
                                                                         8                        for the Countering Weapons of Mass Destruc-
                                                                         9                        tion Office relating to the Chief Medical Officer,
                                                                       10                         including the Medical Operations Directorate of
                                                                       11                         the Countering Weapons of Mass Destruction
                                                                       12                         Office, as in existence on the day before the
                                                                       13                         date of enactment of this Act; and
                                                                       14                                  (C) all functions, personnel, budget author-
                                                                       15                         ity, and assets of the Assistant Secretary for
                                                                       16                         the Countering Weapons of Mass Destruction
                                                                       17                         Office associated with the efforts pertaining to
                                                                       18                         the program coordination activities relating to
                                                                       19                         defending the food, agriculture, and veterinary
                                                                       20                         defenses of the Office, as in existence on the
                                                                       21                         day before the date of enactment of this Act.
                                                                       22      SEC. 202. MEDICAL COUNTERMEASURES PROGRAM.

                                                                       23               The Homeland Security Act of 2002 (6 U.S.C. 101
                                                                       24 et seq.) is amended by redesignating section 1932 (6



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 U.S.C. 597a) as section 2304 and transferring such sec-


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00029   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              30
                                                                         1 tion to appear after section 2303, as so redesignated by
                                                                         2 section 201 of this Act.
                                                                         3     SEC. 203. CONFIDENTIALITY OF MEDICAL QUALITY ASSUR-

                                                                         4                             ANCE RECORDS.

                                                                         5              Title XXIII of the Homeland Security Act of 2002,
                                                                         6 as added by this Act, is amended by adding at the end
                                                                         7 the following:
                                                                         8     ‘‘SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY AS-

                                                                         9                             SURANCE RECORDS.

                                                                       10               ‘‘(a) DEFINITIONS.—In this section:
                                                                       11                         ‘‘(1) HEALTH                    CARE         PROVIDER.—The              term
                                                                       12               ‘health care provider’ means an individual who—
                                                                       13                                  ‘‘(A) is—
                                                                       14                                          ‘‘(i) an employee of the Department;
                                                                       15                                          ‘‘(ii) a detailee to the Department
                                                                       16                                  from another Federal agency;
                                                                       17                                          ‘‘(iii) a personal services contractor of
                                                                       18                                  the Department; or
                                                                       19                                          ‘‘(iv) hired under a contract for serv-
                                                                       20                                  ices;
                                                                       21                                  ‘‘(B) performs health care services as part
                                                                       22                         of duties of the individual in that capacity; and
                                                                       23                                  ‘‘(C) has a current, valid, and unrestricted
                                                                       24                         license or certification—



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00030   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              31
                                                                         1                                         ‘‘(i) that is issued by a State, the Dis-
                                                                         2                                 trict of Columbia, or a commonwealth, ter-
                                                                         3                                 ritory, or possession of the United States;
                                                                         4                                 and
                                                                         5                                         ‘‘(ii) that is for the practice of medi-
                                                                         6                                 cine, osteopathic medicine, dentistry, nurs-
                                                                         7                                 ing, emergency medical services, or another
                                                                         8                                 health profession.
                                                                         9                        ‘‘(2)       MEDICAL              QUALITY              ASSURANCE         PRO-

                                                                       10               GRAM.—The                 term ‘medical quality assurance pro-
                                                                       11               gram’ means any activity carried out by the Depart-
                                                                       12               ment to assess the quality of medical care, including
                                                                       13               activities conducted by individuals, committees, or
                                                                       14               other review bodies responsible for quality assurance,
                                                                       15               credentials, infection control, incident reporting, the
                                                                       16               delivery, advisement, and oversight of direct patient
                                                                       17               care and assessment (including treatment proce-
                                                                       18               dures, blood, drugs, and therapeutics), medical
                                                                       19               records, health resources management review, and
                                                                       20               identification and prevention of medical, mental
                                                                       21               health, or dental incidents and risks.
                                                                       22                         ‘‘(3) MEDICAL QUALITY ASSURANCE RECORD
                                                                       23               OF THE DEPARTMENT.—The term ‘medical quality

                                                                       24               assurance record of the Department’ means all in-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               formation, including the proceedings, records (in-


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00031   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              32
                                                                         1              cluding patient records that the Department creates
                                                                         2              and maintains as part of a system of records), min-
                                                                         3              utes, and reports that—
                                                                         4                                 ‘‘(A) emanate from quality assurance pro-
                                                                         5                        gram activities described in paragraph (2); and
                                                                         6                                 ‘‘(B) are produced or compiled by the De-
                                                                         7                        partment as part of a medical quality assurance
                                                                         8                        program.
                                                                         9              ‘‘(b) CONFIDENTIALITY OF RECORDS.—A medical
                                                                       10 quality assurance record of the Department that is created
                                                                       11 as part of a medical quality assurance program—
                                                                       12                         ‘‘(1) is confidential and privileged; and
                                                                       13                         ‘‘(2) except as provided in subsection (d), may
                                                                       14               not be disclosed to any person or entity.
                                                                       15               ‘‘(c) PROHIBITION                         ON    DISCLOSURE                 AND    TESTI-
                                                                       16      MONY.—Except as otherwise provided in this section—

                                                                       17                         ‘‘(1) no part of any medical quality assurance
                                                                       18               record of the Department may be subject to dis-
                                                                       19               covery or admitted into evidence in any judicial or
                                                                       20               administrative proceeding; and
                                                                       21                         ‘‘(2) an individual who reviews or creates a
                                                                       22               medical quality assurance record of the Department
                                                                       23               or who participates in any proceeding that reviews
                                                                       24               or creates a medical quality assurance record of the



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               Department may not be permitted or required to


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00032   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              33
                                                                         1              testify in any judicial or administrative proceeding
                                                                         2              with respect to the record or with respect to any
                                                                         3              finding, recommendation, evaluation, opinion, or ac-
                                                                         4              tion taken by that individual in connection with the
                                                                         5              record.
                                                                         6              ‘‘(d) AUTHORIZED DISCLOSURE AND TESTIMONY.—
                                                                         7                        ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
                                                                         8              medical quality assurance record of the Department
                                                                         9              may be disclosed, and a person described in sub-
                                                                       10               section (c)(2) may give testimony in connection with
                                                                       11               the record, only as follows:
                                                                       12                                  ‘‘(A) To a Federal agency or private orga-
                                                                       13                         nization, if the medical quality assurance record
                                                                       14                         of the Department or testimony is needed by
                                                                       15                         the Federal agency or private organization to—
                                                                       16                                          ‘‘(i) perform licensing or accreditation
                                                                       17                                  functions related to Department health
                                                                       18                                  care facilities, a facility affiliated with the
                                                                       19                                  Department, or any other location author-
                                                                       20                                  ized by the Secretary for the performance
                                                                       21                                  of health care services; or
                                                                       22                                          ‘‘(ii) perform monitoring, required by
                                                                       23                                  law, of Department health care facilities, a
                                                                       24                                  facility affiliated with the Department, or



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                                  any other location authorized by the Sec-


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00033   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              34
                                                                         1                                 retary for the performance of health care
                                                                         2                                 services.
                                                                         3                                 ‘‘(B) To an administrative or judicial pro-
                                                                         4                        ceeding concerning an adverse action related to
                                                                         5                        the credentialing of or health care provided by
                                                                         6                        a present or former health care provider by the
                                                                         7                        Department.
                                                                         8                                 ‘‘(C) To a governmental board or agency
                                                                         9                        or to a professional health care society or orga-
                                                                       10                         nization, if the medical quality assurance record
                                                                       11                         of the Department or testimony is needed by
                                                                       12                         the board, agency, society, or organization to
                                                                       13                         perform licensing, credentialing, or the moni-
                                                                       14                         toring of professional standards with respect to
                                                                       15                         any health care provider who is or was a health
                                                                       16                         care provider for the Department.
                                                                       17                                  ‘‘(D) To a hospital, medical center, or
                                                                       18                         other institution that provides health care serv-
                                                                       19                         ices, if the medical quality assurance record of
                                                                       20                         the Department or testimony is needed by the
                                                                       21                         institution to assess the professional qualifica-
                                                                       22                         tions of any health care provider who is or was
                                                                       23                         a health care provider for the Department and
                                                                       24                         who has applied for or been granted authority



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00034   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              35
                                                                         1                        or employment to provide health care services
                                                                         2                        in or on behalf of the institution.
                                                                         3                                 ‘‘(E) To an employee, a detailee, or a con-
                                                                         4                        tractor of the Department who has a need for
                                                                         5                        the medical quality assurance record of the De-
                                                                         6                        partment or testimony to perform official duties
                                                                         7                        or duties within the scope of their contract.
                                                                         8                                 ‘‘(F) To a criminal or civil law enforce-
                                                                         9                        ment agency or instrumentality charged under
                                                                       10                         applicable law with the protection of the public
                                                                       11                         health or safety, if a qualified representative of
                                                                       12                         the agency or instrumentality makes a written
                                                                       13                         request that the medical quality assurance
                                                                       14                         record of the Department or testimony be pro-
                                                                       15                         vided for a purpose authorized by law.
                                                                       16                                  ‘‘(G) In an administrative or judicial pro-
                                                                       17                         ceeding commenced by a criminal or civil law
                                                                       18                         enforcement agency or instrumentality de-
                                                                       19                         scribed in subparagraph (F), but only with re-
                                                                       20                         spect to the subject of the proceeding.
                                                                       21                         ‘‘(2) PERSONALLY                        IDENTIFIABLE                    INFORMA-

                                                                       22               TION.—

                                                                       23                                  ‘‘(A) IN GENERAL.—With the exception of
                                                                       24                         the subject of a quality assurance action, per-



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         sonally identifiable information of any person


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00035   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              36
                                                                         1                        receiving health care services from the Depart-
                                                                         2                        ment or of any other person associated with the
                                                                         3                        Department for purposes of a medical quality
                                                                         4                        assurance program that is disclosed in a med-
                                                                         5                        ical quality assurance record of the Department
                                                                         6                        shall be deleted from that record before any dis-
                                                                         7                        closure of the record is made outside the De-
                                                                         8                        partment.
                                                                         9                                 ‘‘(B)         APPLICATION.—The                            requirement
                                                                       10                         under subparagraph (A) shall not apply to the
                                                                       11                         release of information that is permissible under
                                                                       12                         section 552a of title 5, United States Code
                                                                       13                         (commonly known as the ‘Privacy Act of
                                                                       14                         1974’).
                                                                       15               ‘‘(e) DISCLOSURE FOR CERTAIN PURPOSES.—Noth-
                                                                       16 ing in this section shall be construed—
                                                                       17                         ‘‘(1) to authorize or require the withholding
                                                                       18               from any person or entity aggregate statistical infor-
                                                                       19               mation regarding the results of medical quality as-
                                                                       20               surance programs; or
                                                                       21                         ‘‘(2) to authorize the withholding of any med-
                                                                       22               ical quality assurance record of the Department
                                                                       23               from a committee of either House of Congress, any
                                                                       24               joint committee of Congress, or the Comptroller



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00036   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              37
                                                                         1              General of the United States if the record pertains
                                                                         2              to any matter within their respective jurisdictions.
                                                                         3              ‘‘(f) PROHIBITION ON DISCLOSURE OF INFORMA-
                                                                         4     TION, RECORD, OR TESTIMONY.—A person or entity hav-

                                                                         5 ing possession of or access to a medical quality assurance
                                                                         6 record of the Department or testimony described in this
                                                                         7 section may not disclose the contents of the record or testi-
                                                                         8 mony in any manner or for any purpose except as provided
                                                                         9 in this section.
                                                                       10               ‘‘(g) EXEMPTION FROM FREEDOM OF INFORMATION
                                                                       11 ACT.—A medical quality assurance record of the Depart-
                                                                       12 ment shall be exempt from disclosure under section
                                                                       13 552(b)(3) of title 5, United States Code (commonly known
                                                                       14 as the ‘Freedom of Information Act’).
                                                                       15               ‘‘(h) LIMITATION ON CIVIL LIABILITY.—A person
                                                                       16 who participates in the review or creation of, or provides
                                                                       17 information to a person or body that reviews or creates,
                                                                       18 a medical quality assurance record of the Department
                                                                       19 shall not be civilly liable for that participation or for pro-
                                                                       20 viding that information if the participation or provision
                                                                       21 of information was provided in good faith based on pre-
                                                                       22 vailing professional standards at the time the medical
                                                                       23 quality assurance program activity took place.
                                                                       24               ‘‘(i) APPLICATION TO INFORMATION IN CERTAIN



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 OTHER RECORDS.—Nothing in this section shall be con-


                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00037   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              38
                                                                         1 strued as limiting access to the information in a record
                                                                         2 created and maintained outside a medical quality assur-
                                                                         3 ance program, including the medical record of a patient,
                                                                         4 on the grounds that the information was presented during
                                                                         5 meetings of a review body that are part of a medical qual-
                                                                         6 ity assurance program.
                                                                         7              ‘‘(j) PENALTY.—Any person who willfully discloses a
                                                                         8 medical quality assurance record of the Department other
                                                                         9 than as provided in this section, knowing that the record
                                                                       10 is a medical quality assurance record of the Department
                                                                       11 shall be fined not more than $3,000 in the case of a first
                                                                       12 offense and not more than $20,000 in the case of a subse-
                                                                       13 quent offense.
                                                                       14               ‘‘(k) RELATIONSHIP TO COAST GUARD.—The re-
                                                                       15 quirements of this section shall not apply to any medical
                                                                       16 quality assurance record of the Department that is created
                                                                       17 by or for the Coast Guard as part of a medical quality
                                                                       18 assurance program.’’.
                                                                       19      SEC. 204. PORTABILITY OF LICENSURE.

                                                                       20               (a) TRANSFER.—Section 16005 of the CARES Act
                                                                       21 (6 U.S.C. 320 note) is redesignated as section 2306 of
                                                                       22 the Homeland Security Act of 2002 and transferred so
                                                                       23 as to appear after section 2305, as added by section 203
                                                                       24 of this Act.



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00038   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              39
                                                                         1              (b) REPEAL.—Section 2306 of the Homeland Secu-
                                                                         2 rity Act of 2002, as so redesignated by subsection (a), is
                                                                         3 amended by striking subsection (c).
                                                                         4     SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.

                                                                         5              The Homeland Security Act of 2002 (6 U.S.C. 101
                                                                         6 et seq.) is amended—
                                                                         7                        (1) in the table of contents in section 1(b)
                                                                         8              (Public Law 107–296; 116 Stat. 2135)—
                                                                         9                                 (A) by striking the items relating to sec-
                                                                       10                         tions 528 and 529 and inserting the following:
                                                                               ‘‘Sec. 528. Transfer of equipment during a public health emergency.’’;

                                                                       11                                  (B) by striking the items relating to sec-
                                                                       12                         tions 710, 711, 712, and 713 and inserting the
                                                                       13                         following:
                                                                               ‘‘Sec. 710. Employee engagement.
                                                                               ‘‘Sec. 711. Annual employee award program.
                                                                               ‘‘Sec. 712. Acquisition professional career program.’’;

                                                                       14                                  (C) by inserting after the item relating to
                                                                       15                         section 1928 the following:
                                                                               ‘‘Sec. 1929. Accountability.’’;

                                                                       16                                  (D) by striking the items relating to sub-
                                                                       17                         title C of title XIX and sections 1931 and
                                                                       18                         1932; and
                                                                       19                                  (E) by adding at the end the following:
                                                                                                ‘‘TITLE XXIII—OFFICE OF HEALTH SECURITY




kjohnson on DSK79L0C42PROD with BILLS
                                                                               ‘‘Sec. 2301. Office of Health Security.
                                                                               ‘‘Sec. 2302. Workforce health and medical support.
                                                                               ‘‘Sec. 2303. Coordination of Department of Homeland Security efforts related
                                                                                                to food, agriculture, and veterinary defense against terrorism.
                                                                               ‘‘Sec. 2304. Medical countermeasures program.

                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00039   Fmt 6652   Sfmt 6211   E:\BILLS\S4465.IS   S4465
                                                                                                                              40
                                                                               ‘‘Sec. 2305. Confidentiality of medical quality assurance records.
                                                                               ‘‘Sec. 2306. Portability of licensure.’’;

                                                                         1                        (2) by redesignating section 529 (6 U.S.C.
                                                                         2              321r) as section 528;
                                                                         3                        (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)),
                                                                         4              by striking ‘‘section 711(a)’’ and inserting ‘‘section
                                                                         5              710(a))’’;
                                                                         6                        (4) by redesignating sections 711, 712, and 713
                                                                         7              as sections 710, 711, and 712, respectively;
                                                                         8                        (5)        in        section           1923(b)(3)                 (6    U.S.C.
                                                                         9              592(b)(3))—
                                                                       10                                  (A) in the paragraph heading, by striking
                                                                       11                         ‘‘HAWAIIAN              NATIVE-SERVING’’                        and inserting
                                                                       12                         ‘‘NATIVE HAWAIIAN-SERVING’’; and
                                                                       13                                  (B) by striking ‘‘Hawaiian native-serving’’
                                                                       14                         and inserting ‘‘ ‘Native Hawaiian-serving’’;
                                                                       15                         (6) by striking the subtitle heading for subtitle
                                                                       16               C of title XIX;
                                                                       17                         (7) by striking section 1932 (6 U.S.C. 597a);
                                                                       18               and
                                                                       19                         (8) in section 2306, as so redesignated by sec-
                                                                       20               tion 204 of this Act—
                                                                       21                                  (A) by inserting ‘‘PORTABILITY OF LI-
                                                                       22                         CENSURE.’’ after ‘‘2306.’’; and




kjohnson on DSK79L0C42PROD with BILLS
                                                                       23                                  (B) in subsection (a), by striking ‘‘(a) Not-
                                                                       24                         withstanding’’ and inserting the following:

                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00040   Fmt 6652   Sfmt 6201   E:\BILLS\S4465.IS   S4465
                                                                                                                              41
                                                                         1              ‘‘(a) IN GENERAL.—Notwithstanding’’.
                                                                                                                                  Æ




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •S 4465 IS

                                        VerDate Sep 11 2014   00:47 Jun 30, 2022   Jkt 029200   PO 00000   Frm 00041   Fmt 6652   Sfmt 6301   E:\BILLS\S4465.IS   S4465


File and source

File
BILLS_bills-117s4465is_bills-117s4465is.pdf
Size
289,633 bytes
SHA-256
c1bbc37aba4f8c98524de027dc7c60cf199e72fb0c1c6e2c36409c71a45ec195
Our copy
BILLS_bills-117s4465is_bills-117s4465is.pdf
Original
www.govinfo.gov
Back to top