Congressional Record, Senate, September 29, 2022: Page S5608
Summary
Page S5608 of the Senate section of the Congressional Record for September 29, 2022, in interleaved columns. SA 6083 from Mr. Murphy is an amendment intended to be proposed to SA 5499 submitted by Mr. Reed for himself and Mr. Inhofe to the bill authorizing fiscal year 2023 appropriations for military activities of the Department of Defense. Bill text covers the transfer of a vessel to the Government of Egypt without using United States funds and a review of surcharge policy citing an April 2022 brief from the United Nations Global Crisis Response Group on Food, Energy and Finance. A subtitle short title reads Mainstreaming Addiction Treatment Act of 2022.
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“Congressional Record, Senate, September 29, 2022: Page S5608.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-29-crec-2022-09-29-pt1-pgs5608-2-fb2f5c68d6/
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S5608 CONGRESSIONAL RECORD — SENATE September 29, 2022
vessel to the United States at the sole cost SA 6083. Mr. MURPHY submitted an (8) An April 2022 brief from the United Na-
to the Government of Egypt, without using amendment intended to be proposed to tions Global Crisis Response Group on Food,
United States funds, including United States amendment SA 5499 submitted by Mr. Energy and Finance on the impacts of the
foreign military assistance funds. war in Ukraine on developing countries
(d) GRANTS NOT COUNTED IN ANNUAL TOTAL REED (for himself and Mr. INHOFE) and
called for the immediate suspension of sur-
OF TRANSFERRED EXCESS DEFENSE ARTI- intended to be proposed to the bill H.R. charge payments for a minimum of 2 years,
CLES.—The value of a vessel transferred to 7900, to authorize appropriations for because ‘‘[s]urcharges do not make sense
the Government of Egypt under this section fiscal year 2023 for military activities during a global crisis since the need for more
shall not be counted against the aggregate of the Department of Defense, for mili- financing does not stem from national condi-
value of excess defense articles transferred tary construction, and for defense ac- tions but from the global economy shock’’.
in any fiscal year under section 516 of the (b) REVIEW OF SURCHARGE POLICY AT THE
tivities of the Department of Energy,
Foreign Assistance Act of 1961 (22 U.S.C. INTERNATIONAL MONETARY FUND.—The Sec-
2321j). to prescribe military personnel
strengths for such fiscal year, and for retary of the Treasury shall instruct the
(e) COSTS OF TRANSFERS.—Any expense in- United States Executive Director at the
curred by the United States in connection other purposes; which was ordered to International Monetary Fund to use the
with the transfer of a vessel under this sec- lie on the table; as follows: voice and vote of the United States to—
tion shall be charged to the Government of At the end of subtitle F of title XII, add (1) initiate an immediate review by the
Egypt notwithstanding section 516(e) of the the following: IMF of the surcharge policy of the IMF to be
Foreign Assistance Act of 1961 (22 U.S.C. completed, and its results and underlying
2321j(e)). SEC. 1276. REVIEW OF LOAN SURCHARGE POLICY
OF INTERNATIONAL MONETARY data published, within 365 days; and
(f) REPAIR AND REFURBISHMENT IN UNITED
FUND. (2) suspend and waive surcharge payments
STATES SHIPYARDS.—To the maximum extent
(a) FINDINGS.—Congress finds as follows: during the pendency of the review.
practicable, the President shall require, as a
condition of the transfer of a vessel under (1) The International Monetary Fund (in (c) COMPONENTS OF THE REVIEW OF SUR-
this section referred to as the ‘‘IMF’’) im- CHARGE POLICY.—The review referred to in
this section, that the Government of Egypt
have such repair or refurbishment of the ves- poses a surcharge, in addition to standard in- subsection (b) should include the following:
sel as is needed, before the vessel joins the terest and service fees, of 200 basis points on (1) A borrower-by-borrower analysis of sur-
naval forces of Egypt, performed at a ship- outstanding credit provided through its Gen- charges in terms of cost and as a percentage
yard located in the United States, including eral Resources Account that exceeds 187.5 of national spending on debt service on IMF
a United States Navy shipyard. percent of the IMF country quota, and an ad- loans, food security, and health for the 5-
(g) EXPIRATION OF AUTHORITY.—The au- ditional 100 basis points if that credit has year period beginning at the start of the
thority to transfer a vessel under this sec- been outstanding for over 36 or 51 months, COVID–19 pandemic.
tion shall expire at the end of the three-year depending on the facility. (2) Evaluation of the policy’s direct impact
period beginning on the date of the enact- (2) According to the IMF, ‘‘These level and on—
ment of this Act. time-based surcharges are intended to help (A) disincentivizing large and prolonged re-
(h) REQUIRED REPORT.— mitigate credit risk by providing members liance on IMF credit;
(1) IN GENERAL.—Not later than 60 days be- with incentives to limit their demand for (B) mitigating the credit risks taken by
fore the transfer of a vessel under this sec- Fund assistance and encourage timely repur- the IMF;
tion, the President shall submit to the ap- chases while at the same time generating in- (C) improving borrower balance of pay-
propriate committees of Congress a report come for the Fund to accumulate pre- ments and debt sustainability, particularly
describing the following: cautionary balances.’’. during periods of contraction, unrest, and
(A) The specific operational activities and (3) According to a 2021 report by the Euro- pandemic;
objectives intended for the vessel upon re- pean Network on Debt and Development, (D) promoting fiscally responsible policy
ceipt by the Government of Egypt. surcharges increase the average cost of bor- reforms;
(B) A detailed description of how the trans- rowing from the IMF by over 64 percent for (E) disincentivizing borrowers from seek-
fer of the vessel will help alleviate United surcharged countries. Surcharges increased ing opaque and potentially predatory bilat-
States mission requirements in the Bab el Ukraine’s borrowing costs on its IMF lending eral loans; and
Mandeb and the Red Sea. program by nearly 27 percent, Jordan’s by 72 (F) improving the ability of borrowers to
(C) A detailed description of how the trans- percent, and Egypt’s by over 104 percent. repay private creditors and access the pri-
fer of the vessel will complement Combined (4) As a result of the invasion by the Rus- vate credit market.
Maritime Forces (CMF) mission goals and sian Federation, the World Bank predicts (3) Recommendations for—
activities, including those of Combined Task that Ukraine will experience an economic (A) identifying alternative sources of fund-
Forces 150, 151, 152, and 153. contraction of 45 percent in 2022. Yet ing for the IMF’s precautionary balances
(D) A detailed description of incidents, Ukraine is expected to pay the IMF an esti- that prioritize stable funding sources and eq-
during the five-year period immediately pre- mated $483,000,000 in surcharges from 2021 uitable burden-sharing among IMF members;
ceding the date of such transfer, of arbitrary through 2027. and
detention, violence, and state-sanctioned (5) The Ukraine Comprehensive Debt Pay- (B) determining whether the IMF should
harassment by the Government of Egypt ment Relief Act of 2022 (H.R. 7081), which re- maintain, reform, temporarily suspend, or
against United States citizens, individuals in quires the Department of Treasury to make eliminate the use of surcharges.
the United States, and their family members efforts to secure debt relief for Ukraine, was (d) CONSULTATIONS.—The review referred to
who are not United States citizens, in both passed by the House of Representatives on in subsection (b) must incorporate extensive
Egypt and in the United States, and a deter- May 11, 2022, with overwhelming bipartisan consultation with relevant experts, particu-
mination as to whether such incidents con- support, by a vote of 362 Yeas to 56 Nays. larly those from countries that are currently
stitute a pattern of acts of intimidation or (6) As a result of the war in Ukraine and paying or have recently paid surcharges.
harassment. other factors, the World Bank predicted that Those experts should include government of-
(E) A description of policy efforts to ensure global growth rates will slow to 2.9 percent ficials responsible for overseeing economic
that United States security assistance pro- in 2022, down nearly half from 2021. External development, social services, and defense,
grams with Egypt are formulated in a man- public debt of developing economies is at United Nations officials, economic research
ner that will avoid identification of the record levels, and the World Bank, the IMF, institutes, academics, and civil society orga-
United States, through such programs, with and the United Nations have all warned of nizations.
governments that deny to their people inter- coming defaults and a potential global debt ---
nationally recognized human rights and fun- crisis. As food and energy prices rise, the SA 6084. Mr. PETERS submitted an
damental freedoms, in accordance with sec- World Food Program has estimated that amendment intended to be proposed to
tion 502B of the Foreign Assistance Act of 750,000 people are at immediate risk of star- amendment SA 5499 submitted by Mr.
1961 (22 U.S.C. 2304). vation or death, and 323,000,000 people may
REED (for himself and Mr. INHOFE) and
(2) FORM.—The report required by this sub- experience acute food insecurity before the
end of the year. intended to be proposed to the bill H.R.
section shall be submitted in unclassified
form, but may include a separate classified (7) Since 2020, the number of countries pay- 7900, to authorize appropriations for
annex. ing surcharges to the IMF has increased fiscal year 2023 for military activities
(i) APPROPRIATE COMMITTEES OF CONGRESS from 9 to 16. A December 2021 IMF policy of the Department of Defense, for mili-
DEFINED.—In this section, the term ‘‘appro- paper notes that under the IMF’s model- tary construction, and for defense ac-
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priate committees of Congress’’ means— based World Economic Outlook scenario tivities of the Department of Energy,
(1) the Committee on Foreign Relations ‘‘the number of surcharge-paying members to prescribe military personnel
and the Committee on Armed Services of the would increase to 38 in FY 2024 and FY 2025’’
strengths for such fiscal year, and for
Senate; and and that under the Fund’s ‘‘adverse scenario,
(2) the Committee on Foreign Affairs and the number of surcharge-paying members other purposes; which was ordered to
the Committee on Armed Services of the and the amount of surcharge income would lie on the table; as follows:
House of Representatives. increase even more sharply’’. At the end, add the following:
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5609
DIVISION E—OFFICES OF COUNTERING and other related emerging threats, subject tect and report on weapons of mass destruc-
WEAPONS OF MASS DESTRUCTION AND to the research, development, testing, and tion and chemical, biological, radiological,
HEALTH SECURITY evaluation coordination requirement de- nuclear, and other related emerging threats
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS. scribed in subparagraph (G); weapons or unauthorized material, in coordi-
(a) SHORT TITLE.—This division may be ‘‘(B) in coordination with the Office for nation with other Federal agencies, as appro-
cited as the ‘‘Offices of Countering Weapons Strategy, Policy, and Plans, lead develop- priate, and establish performance metrics to
of Mass Destruction and Health Security Act ment of policies and strategies to counter evaluate the effectiveness of individual de-
of 2022’’. weapons of mass destruction and chemical, tectors and detection systems in detecting
(b) TABLE OF CONTENTS.—The table of con- biological, radiological, nuclear, and other those weapons or material—
related emerging threats on behalf of the De- ‘‘(I) under realistic operational and envi-
tents for this division is as follows:
partment; ronmental conditions; and
Sec. 5001. Short title, table of contents. ‘‘(C) identify, assess, and prioritize capa- ‘‘(II) against realistic adversary tactics
TITLE I—COUNTERING WEAPONS OF bility gaps relating to the strategic and mis- and countermeasures;
MASS DESTRUCTION OFFICE sion objectives of the Department for weap- ‘‘(B) in coordination with end users, con-
Sec. 5101. Countering Weapons of Mass De- ons of mass destruction and chemical, bio- duct, support, coordinate, and encourage a
struction Office. logical, radiological, nuclear, and other re- transformational program of research and
Sec. 5102. Rule of construction. lated emerging threats; development to generate and improve tech-
‘‘(D) in coordination with the Office of In- nologies to detect, protect against, and re-
TITLE II—OFFICE OF HEALTH SECURITY
telligence and Analysis, support components port on the illicit entry, transport, assem-
Sec. 5201. Office of Health Security. of the Department, and Federal, State, local, bly, or potential use within the United
Sec. 5202. Medical countermeasures pro- Tribal, and territorial partners, provide in- States of weapons of mass destruction and
gram. telligence and information analysis and re- chemical, biological, radiological, nuclear,
Sec. 5203. Confidentiality of medical quality ports on weapons of mass destruction and and other related emerging threats weapons
assurance records. chemical, biological, radiological, nuclear, or unauthorized material, and coordinate
Sec. 5204. Portability of licensure. and other related emerging threats; with the Under Secretary for Science and
Sec. 5205. Technical and conforming amend- ‘‘(E) in consultation with the Science and Technology on research and development ef-
ments. Technology Directorate, assess risk to the forts relevant to the mission of the Office
TITLE I—COUNTERING WEAPONS OF United States from weapons of mass destruc- and the Under Secretary for Science and
MASS DESTRUCTION OFFICE tion and chemical, biological, radiological, Technology;
SEC. 5101. COUNTERING WEAPONS OF MASS DE- nuclear, and other related emerging threats; ‘‘(C) before carrying out operational test-
STRUCTION OFFICE. ‘‘(F) lead development and prioritization of ing under subparagraph (A), develop a test-
(a) HOMELAND SECURITY ACT OF 2002.—Title Department requirements to counter weap- ing and evaluation plan that articulates the
XIX of the Homeland Security Act of 2002 (6 ons of mass destruction and chemical, bio- requirements for the user and describes how
U.S.C. 590 et seq.) is amended— logical, radiological, nuclear, and other re- these capability needs will be tested in de-
(1) in section 1901 (6 U.S.C. 591)— lated emerging threats, subject to the re- velopmental test and evaluation and oper-
(A) in subsection (c), by amending para- search, development, testing, and evaluation ational test and evaluation;
coordination requirement described in sub- ‘‘(D) as appropriate, develop, acquire, and
graphs (1) and (2) to read as follows:
paragraph (G), which requirements shall be— deploy equipment to detect and report on
‘‘(1) matters and strategies pertaining to—
‘‘(i) developed in coordination with end weapons of mass destruction and chemical,
‘‘(A) weapons of mass destruction; and
users; and biological, radiological, nuclear, and other
‘‘(B) chemical, biological, radiological, nu-
‘‘(ii) reviewed by the Joint Requirements related emerging threats weapons or unau-
clear, and other related emerging threats;
Council, as directed by the Secretary; thorized material in support of Federal,
and
‘‘(G) in coordination with the Science and State, local, Tribal, and territorial govern-
‘‘(2) coordinating the efforts of the Depart-
Technology Directorate, direct, fund, and co- ments;
ment to counter—
ordinate capability development activities ‘‘(E) support and enhance the effective
‘‘(A) weapons of mass destruction; and
to counter weapons of mass destruction and sharing and use of appropriate information
‘‘(B) chemical, biological, radiological, nu- all chemical, biological, radiological, nu- on weapons of mass destruction and chem-
clear, and other related emerging threats.’’; clear, and other related emerging threats re- ical, biological, radiological, nuclear, and
and search, development, test, and evaluation other related emerging threats and related
(B) by striking subsection (e); matters, including research, development, emerging issues generated by elements of
(2) by amending section 1921 (6 U.S.C. 591g) testing, and evaluation expertise, threat the intelligence community (as defined in
to read as follows: characterization, technology maturation, section 3 of the National Security Act of 1947
‘‘SEC. 1921. MISSION OF THE OFFICE. prototyping, and technology transition; (50 U.S.C. 3003)), law enforcement agencies,
‘‘The Office shall be responsible for— ‘‘(H) acquire, procure, and deploy counter other Federal agencies, State, local, Tribal,
‘‘(1) coordinating the efforts of the Depart- weapons of mass destruction capabilities, and territorial governments, and foreign
ment to counter— and serve as the lead advisor of the Depart- governments, as well as provide appropriate
‘‘(A) weapons of mass destruction; and ment on component acquisition, procure- information to those entities;
‘‘(B) chemical, biological, radiological, nu- ment, and deployment of counter-weapons of ‘‘(F) consult, as appropriate, with the Fed-
clear, and other related emerging threats; mass destruction capabilities; eral Emergency Management Agency and
and ‘‘(I) in coordination with the Office of other departmental components, on weapons
‘‘(2) enhancing the ability of Federal, Health Security, support components of the of mass destruction and chemical, biological,
State, local, Tribal, and territorial partners Department, and Federal, State, local, Trib- radiological, nuclear, and other related
to prevent, detect, protect against, and miti- al, and territorial partners on chemical, bio- emerging threats and efforts to mitigate,
gate the impacts of attacks using— logical, radiological, nuclear, and other re- prepare, and respond to all threats in sup-
‘‘(A) weapons of mass destruction against lated emerging threats health matters; port of the State, local, and Tribal commu-
the United States; and ‘‘(J) provide expertise on weapons of mass nities; and
‘‘(B) chemical, biological, radiological, nu- destruction and chemical, biological, radio- ‘‘(G) perform other duties as assigned by
clear, and other related emerging threats logical, nuclear, and other related emerging the Secretary.’’;
against the United States.’’; threats to Department and Federal partners (C) in subsection (b), as so redesignated—
(3) in section 1922 (6 U.S.C. 591h)— to support engagements and efforts with (i) in the subsection heading, by striking
(A) by striking subsection (b); and international partners subject to the re- ‘‘MISSION’’ and inserting ‘‘RADIOLOGICAL AND
(B) by redesignating subsection (c) as sub- search, development, testing, and evaluation NUCLEAR RESPONSIBILITIES’’;
section (b); coordination requirement under subpara- (ii) in paragraph (1)—
(4) in section 1923 (6 U.S.C. 592)— graph (G); and (I) by inserting ‘‘deploy,’’ after ‘‘acquire,’’;
(A) by redesignating subsections (a) and (b) ‘‘(K) carry out any other duties assigned to and
as subsections (b) and (d), respectively; the Office by the Secretary. (II) by striking ‘‘deployment’’ and insert-
(B) by inserting before subsection (b), as so ‘‘(2) DETECTION AND REPORTING.—For pur- ing ‘‘operations’’;
redesignated, the following: poses of the detection and reporting respon- (iii) by striking paragraphs (6) through
‘‘(a) OFFICE RESPONSIBILITIES.— sibilities of the Office for weapons of mass (10);
‘‘(1) IN GENERAL.—For the purposes of co- destruction and chemical, biological, radio- (iv) redesignating paragraphs (11) and (12)
ordinating the efforts of the Department to logical, nuclear, and other related emerging as paragraphs (6) and (7), respectively;
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counter weapons of mass destruction and threats, the Office shall— (v) in paragraph (6)(B), as so redesignated,
chemical, biological, radiological, nuclear, ‘‘(A) in coordination with end users, in- by striking ‘‘national strategic five-year
and other related emerging threats, the Of- cluding State, local, Tribal, and territorial plan referred to in paragraph (10)’’ and in-
fice shall— partners, as appropriate— serting ‘‘United States national technical
‘‘(A) provide expertise and guidance to De- ‘‘(i) carry out a program to test and evalu- nuclear forensics strategic planning’’;
partment leadership and components on ate technology, in consultation with the (vi) in paragraph (7)(C)(v), as so redesig-
chemical, biological, radiological, nuclear, Science and Technology Directorate, to de- nated—
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S5610 CONGRESSIONAL RECORD — SENATE September 29, 2022
(I) in the matter preceding subclause (I), ‘‘(d) REPORT.—Not later than 2 years after ‘‘(B) shall—
by inserting ‘‘except as otherwise provided,’’ the date of enactment of the Offices of Coun- ‘‘(i) describe the biodefense mission and
before ‘‘require’’; and tering Weapons of Mass Destruction and role of the Department, as well as how such
(II) in subclause (II)— Health Security Act of 2022, the Secretary mission and role relates to the biodefense
(aa) in the matter preceding item (aa), by shall submit to the appropriate congres- lines of effort of the Department;
striking ‘‘death or disability’’ and inserting sional committees an update on the STC pro- ‘‘(ii) clarify, as necessary, biodefense roles,
‘‘death, disability, or a finding of good cause gram.’’; and responsibilities, and capabilities of the com-
as determined by the Assistant Secretary (8) by adding at the end the following: ponents and offices of the Department in-
(including extreme hardship, extreme need, ‘‘SEC. 1929. ACCOUNTABILITY. volved in the biodefense lines of effort of the
or the needs of the Office) and for which the ‘‘(a) DEPARTMENTWIDE STRATEGY.— Department;
Assistant Secretary may grant a waiver of ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(iii) establish how biodefense lines of ef-
the repayment obligation’’; and after the date of enactment of Offices of fort of the Department are to be coordinated
(bb) in item (bb), by adding ‘‘and’’ at the Countering Weapons of Mass Destruction and within the Department;
end; Health Security Act of 2022, and every 4 ‘‘(iv) establish how the Department en-
(vii) by striking paragraph (13); and years thereafter, the Secretary shall create a gages with public and private partners in the
(viii) by redesignating paragraph (14) as Departmentwide strategy and implementa- biodefense enterprise, including other Fed-
paragraph (8); and tion plan to counter weapons of mass de- eral agencies, national laboratories and
(D) by inserting after subsection (b), as so struction and chemical, biological, radio- sites, and State, local, Tribal, and territorial
redesignated, the following: logical, nuclear, and other related emerging entities, with specificity regarding the fre-
‘‘(c) CHEMICAL AND BIOLOGICAL RESPON- threats, which should— quency and nature of such engagement by
SIBILITIES.—The Office— ‘‘(A) have clearly identified authorities, Department components and offices with
‘‘(1) shall be responsible for coordinating specified roles, objectives, benchmarks, ac- State, local, Tribal and territorial entities;
with other Federal efforts to enhance the countability, and timelines; and
ability of Federal, State, local, and Tribal ‘‘(B) incorporate the perspectives of non- ‘‘(v) include information relating to—
governments to prevent, detect, protect Federal and private sector partners; and ‘‘(I) milestones and performance metrics
against, and mitigate the impacts of chem- ‘‘(C) articulate how the Department will that are specific to the biodefense mission
ical and biological threats against the contribute to relevant national-level strate- and role of the Department described in
United States; and gies and work with other Federal agencies. clause (i); and
‘‘(2) shall— ‘‘(2) CONSIDERATION.—The Secretary shall ‘‘(II) implementation of any operational
‘‘(A) serve as a primary entity of the Fed- appropriately consider weapons of mass de- changes necessary to carry out clauses (iii)
eral Government to further develop, acquire, struction and chemical, biological, radio- and (iv).
deploy, and support the operations of a na- logical, nuclear, and other related emerging ‘‘(4) PERIODIC UPDATE.—Beginning not later
tional biosurveillance system in support of threats when creating the strategy and im- than 5 years after the issuance of the bio-
Federal, State, local, Tribal, and territorial plementation plan required under paragraph defense strategy and implementation plans
governments, and improve that system over (1). required under paragraph (3), and not less
time; ‘‘(3) REPORT.—The Office shall submit to often than once every 5 years thereafter, the
‘‘(B) enhance the chemical and biological the appropriate congressional committees a Secretary shall review and update, as nec-
detection efforts of Federal, State, local, report on the updated Departmentwide strat- essary, such strategy and plans.
Tribal, and territorial governments and pro- egy and implementation plan required under ‘‘(5) CONGRESSIONAL OVERSIGHT.—Not later
vide guidance, tools, and training to help en- paragraph (1). than 30 days after the issuance of the bio-
sure a managed, coordinated response; and ‘‘(b) DEPARTMENTWIDE BIODEFENSE REVIEW defense strategy and implementation plans
‘‘(C) collaborate with the Biomedical Ad- AND STRATEGY.— required under paragraph (3), the Secretary
vanced Research and Development Author- ‘‘(1) IN GENERAL.—Not later than 180 days shall brief the Committee on Homeland Se-
ity, the Office of Health Security, the De- after the date of enactment of the Offices of curity and Governmental Affairs of the Sen-
fense Advanced Research Projects Agency, Countering Weapons of Mass Destruction and ate and the Committee on Homeland Secu-
and the National Aeronautics and Space Ad- Health Security Act of 2022, the Secretary, rity of the House of Representatives regard-
ministration, and other relevant Federal in consultation with appropriate stake- ing such strategy and plans.
‘‘(c) EMPLOYEE MORALE.—Not later than
stakeholders, and receive input from indus- holders representing Federal, State, Tribal,
180 days after the date of enactment of the
try, academia, and the national laboratories territorial, academic, private sector, and
Offices of Countering Weapons of Mass De-
on chemical and biological surveillance ef- nongovernmental entities, shall conduct a
struction and Health Security Act of 2022,
forts.’’; Departmentwide review of biodefense activi-
the Office shall submit to and brief the ap-
(5) in section 1924 (6 U.S.C. 593), by striking ties and strategies. propriate congressional committees on a
‘‘section 11011 of the Strom Thurmond Na- ‘‘(2) REVIEW.—The review required under strategy and plan to continuously improve
tional Defense Authorization Act for Fiscal paragraph (1) shall— morale within the Office.
Year 1999 (5 U.S.C. 3104 note).’’ and inserting ‘‘(A) identify with specificity the bio- ‘‘(d) COMPTROLLER GENERAL.—Not later
‘‘section 4092 of title 10, United States Code, defense lines of effort of the Department, in- than 1 year after the date of enactment of
except that the authority shall be limited to cluding relating to biodefense roles, respon- the Offices of Countering Weapons of Mass
facilitate the recruitment of experts in the sibilities, and capabilities of components and Destruction and Health Security Act of 2022,
chemical, biological, radiological, or nuclear offices of the Department; the Comptroller General of the United States
specialties.’’; ‘‘(B) assess how such components and of- shall conduct a review of and brief the appro-
(6) in section 1927(a)(1)(C) (6 U.S.C. fices coordinate internally and with public priate congressional committees on—
596a(a)(1)(C))— and private partners in the biodefense enter- ‘‘(1) the efforts of the Office to prioritize
(A) in clause (i), by striking ‘‘required prise; the programs and activities that carry out
under section 1036 of the National Defense ‘‘(C) identify any policy, resource, capa- the mission of the Office, including research
Authorization Act for Fiscal Year 2010’’; bility, or other gaps in the Department’s and development;
(B) in clause (ii), by striking ‘‘and’’ at the ability to assess, prevent, protect against, ‘‘(2) the consistency and effectiveness of
end; and respond to biological threats; and stakeholder coordination across the mission
(C) in clause (iii), by striking the period at ‘‘(D) identify any organizational changes of the Department, including operational
the end and inserting ‘‘; and’’; and or reforms necessary for the Department to and support components of the Department
(D) by adding at the end the following: effectively execute its biodefense mission and State and local entities; and
‘‘(iv) includes any other information re- and role, including with respect to public ‘‘(3) the efforts of the Office to manage and
garding national technical nuclear forensics and private partners in the biodefense enter- coordinate the lifecycle of research and de-
activities carried out under section 1923.’’; prise. velopment within the Office and with other
(7) in section 1928 (6 U.S.C. 596b)— ‘‘(3) STRATEGY.—Not later than 1 year after components of the Department, including
(A) in subsection (a), by striking ‘‘high- completion of the review required under the Science and Technology Directorate.
risk urban areas’’ and inserting ‘‘jurisdic- paragraph (1), the Secretary shall issue a ‘‘(e) NATIONAL ACADEMIES OF SCIENCES, EN-
tions designated under subsection (c)’’; biodefense strategy for the Department GINEERING, AND MEDICINE.—
(B) in subsection (c)(1), by striking ‘‘from that— ‘‘(1) STUDY.—The Secretary shall enter
among high-risk urban areas under section ‘‘(A) is informed by such review and is into an agreement with the National Acad-
2003’’ and inserting ‘‘based on the capability aligned with section 1086 of the National De- emies of Sciences, Engineering, and Medicine
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and capacity of the jurisdiction, as well as fense Authorization Act for Fiscal Year 2017 to conduct a consensus study and report to
the relative threat, vulnerability, and con- (6 U.S.C. 104; relating to the development of the Secretary and the appropriate congres-
sequences from terrorist attacks and other a national biodefense strategy and associ- sional committees on—
high-consequence events utilizing nuclear or ated implementation plan, including a re- ‘‘(A) the role of the Department in pre-
other radiological materials’’; and view and assessment of biodefense policies, paring, detecting, and responding to biologi-
(C) by striking subsection (d) and inserting practices, programs, and initiatives) or any cal and health security threats to the home-
the following: successor strategy; and land;
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5611
‘‘(B) recommendations to improve depart- (b) COUNTERING WEAPONS OF MASS DE- (iv) by redesignating paragraph (5) as para-
mental biosurveillance efforts against bio- STRUCTION ACT OF 2018.—Section 2 of the graph (13); and
logical threats, including any relevant bio- Countering Weapons of Mass Destruction Act (v) by inserting after paragraph (4) the fol-
logical detection methods and technologies; of 2018 (Public Law 115–387; 132 Stat. 5162) is lowing:
and amended— ‘‘(5) overseeing all medical and public
‘‘(C) the feasibility of different techno- (1) in subsection (b)(2) (6 U.S.C. 591 note), health activities of the Department, includ-
logical advances for biodetection compared by striking ‘‘1927’’ and inserting ‘‘1926’’; and ing the delivery, advisement, and oversight
to the cost, risk reduction, and timeliness of (2) in subsection (g) (6 U.S.C. 591 note)— of direct patient care and the organization,
those advances. (A) in the matter preceding paragraph (1), management, and staffing of component op-
‘‘(2) BRIEFING.—Not later than 1 year after by striking ‘‘one year after the date of the erations that deliver direct patient care;
the date on which the Secretary receives the enactment of this Act, and annually there- ‘‘(6) advising the head of each component
report required under paragraph (1), the Sec- after,’’ and inserting ‘‘June 30 of each year,’’; of the Department that delivers direct pa-
retary shall brief the appropriate congres- and tient care regarding the recruitment and ap-
sional committees on— (B) in paragraph (2), by striking ‘‘Security, pointment of a component chief medical offi-
‘‘(A) the implementation of the rec- including research and development activi- cer and deputy chief medical officer or the
ommendations included in the report; and ties’’ and inserting ‘‘Security’’. employee who functions in the capacity of
‘‘(B) the status of biological detection at (c) SECURITY AND ACCOUNTABILITY FOR chief medical officer and deputy chief med-
the Department, and, if applicable, timelines EVERY PORT ACT OF 2006.—The Security and ical officer;
for the transition from Biowatch to updated Accountability for Every Port Act of 2006 (6 ‘‘(7) advising the Secretary and the head of
technology. U.S.C. 901 et seq.) is amended— each component of the Department that de-
‘‘(f) ADVISORY COUNCIL.— (1) in section 1(b) (Public Law 109–347; 120 livers direct patient care regarding knowl-
‘‘(1) ESTABLISHMENT.—Not later than 180 Stat 1884), by striking the item relating to edge and skill standards for medical per-
days after the date of enactment of the Of- section 502; and sonnel and the assessment of that knowledge
fices of Countering Weapons of Mass De- (2) by striking section 502 (6 U.S.C. 592a). and skill;
struction and Health Security Act of 2022, SEC. 5102. RULE OF CONSTRUCTION. ‘‘(8) advising the Secretary and the head of
the Secretary shall establish an advisory Nothing in this title or the amendments each component of the Department that de-
body to advise on the ongoing coordination made by this title shall be construed to af- livers patient care regarding the collection,
of the efforts of the Department to counter fect or diminish the authorities or respon- storage, and oversight of medical records;
weapons of mass destruction, to be known as sibilities of the Under Secretary for Science ‘‘(9) with respect to any psychological
the Advisory Council for Countering Weap- and Technology. health counseling or assistance program of
ons of Mass Destruction (in this subsection TITLE II—OFFICE OF HEALTH SECURITY the Department, including such a program of
referred to as the ‘Advisory Council’). SEC. 5201. OFFICE OF HEALTH SECURITY.
a law enforcement, operational, or support
‘‘(2) MEMBERSHIP.—The members of the Ad- component of the Department, advising the
(a) ESTABLISHMENT.—The Homeland Secu-
visory Council shall— head of each such component with such a
rity Act of 2002 (6 U.S.C. 101 et seq.) is
‘‘(A) be appointed by the Assistant Sec- program regarding—
amended—
retary; and ‘‘(A) ensuring such program includes safe-
(1) in section 103 (6 U.S.C. 113)—
‘‘(B) to the extent practicable, represent a guards against adverse action, including
(A) in subsection (a)(2)—
geographic (including urban and rural) and automatic referrals for a fitness for duty ex-
(i) by striking ‘‘the Assistant Secretary for
substantive cross section of officials, from amination, by such component with respect
Health Affairs,’’; and
State, local, and Tribal governments, aca- to any employee solely because such em-
(ii) by striking ‘‘Affairs, or’’ and inserting
demia, the private sector, national labora- ployee self-identifies a need for psycho-
‘‘Affairs or’’; and
tories, and nongovernmental organizations, logical health counseling or assistance or re-
(B) in subsection (d), by adding at the end
including, as appropriate— ceives such counseling or assistance;
the following:
‘‘(i) members selected from the emergency ‘‘(B) increasing the availability and num-
‘‘(6) A Chief Medical Officer.’’;
management field and emergency response ber of local psychological health profes-
(2) by adding at the end the following:
providers; sionals with experience providing psycho-
‘‘(ii) State, local, and Tribal government ‘‘TITLE XXIII—OFFICE OF HEALTH logical support services to personnel;
officials; SECURITY’’; ‘‘(C) establishing a behavioral health cur-
‘‘(iii) experts in the public and private sec- (3) by redesignating section 1931 (6 U.S.C. riculum for employees at the beginning of
tors with expertise in chemical, biological, 597) as section 2301 and transferring such sec- their careers to provide resources early re-
radiological, and nuclear agents and weap- tion to appear after the heading for title garding the importance of psychological
ons; XXIII, as added by paragraph (2); and health;
‘‘(iv) representatives from the national (4) in section 2301, as so redesignated— ‘‘(D) establishing periodic management
laboratories; and (A) in the section heading, by striking training on crisis intervention and such com-
‘‘(v) such other individuals as the Assist- ‘‘CHIEF MEDICAL OFFICER’’ and inserting ‘‘OF- ponent’s psychological health counseling or
ant Secretary determines to be appropriate. FICE OF HEALTH SECURITY’’; assistance program;
‘‘(3) RESPONSIBILITIES.— The Advisory (B) by striking subsections (a) and (b) and ‘‘(E) improving any associated existing em-
Council shall— inserting the following: ployee peer support programs, including by
‘‘(A) advise the Assistant Secretary on all ‘‘(a) IN GENERAL.—There is established in making additional training and resources
aspects of countering weapons of mass de- the Department an Office of Health Security. available for peer support personnel in the
struction; ‘‘(b) HEAD OF OFFICE OF HEALTH SECU- workplace across such component;
‘‘(B) incorporate State, local, and Tribal RITY.—The Office of Health Security shall be ‘‘(F) developing and implementing a vol-
government, national laboratories, and pri- headed by a chief medical officer, who untary alcohol treatment program that in-
vate sector input in the development of the shall— cludes a safe harbor for employees who seek
strategy and implementation plan of the De- ‘‘(1) be the Assistant Secretary for Health treatment;
partment for countering weapons of mass de- Security and the Chief Medical Officer of the ‘‘(G) including, when appropriate, collabo-
struction; and Department; rating and partnering with key employee
‘‘(C) establish performance criteria for a ‘‘(2) be a licensed physician possessing a stakeholders and, for those components with
national biological detection system and re- demonstrated ability in and knowledge of employees with an exclusive representative,
view the testing protocol for biological de- medicine and public health; the exclusive representative with respect to
tection prototypes. ‘‘(3) be appointed by the President; and such a program;
‘‘(4) CONSULTATION.—To ensure input from ‘‘(4) report directly to the Secretary.’’; ‘‘(10) in consultation with the Chief Infor-
and coordination with State, local, and Trib- (C) in subsection (c)— mation Officer of the Department—
al governments, the Assistant Secretary (i) in the matter preceding paragraph (1), ‘‘(A) identifying methods and technologies
shall regularly consult and work with the by striking ‘‘medical issues related to nat- for managing, updating, and overseeing pa-
Advisory Council on the administration of ural disasters, acts of terrorism, and other tient records; and
Federal assistance provided by the Depart- man-made disasters’’ and inserting ‘‘over- ‘‘(B) setting standards for technology used
ment, including with respect to the develop- sight of all medical, public health, and work- by the components of the Department re-
ment of requirements for countering weap- force health and safety matters of the De- garding the collection, storage, and over-
ons of mass destruction programs, as appro- partment’’; sight of medical records;
dlhill on DSK120RN23PROD with SENATE
priate. (ii) in paragraph (1), by striking ‘‘, the Ad- ‘‘(11) advising the Secretary and the head
‘‘(5) VOLUNTARY SERVICE.—The members of ministrator of the Federal Emergency Man- of each component of the Department that
the Advisory Council shall serve on the Advi- agement Agency, the Assistant Secretary, delivers direct patient care regarding con-
sory Council on a voluntary basis. and other Department officials’’ and insert- tracts for the delivery of direct patient care,
‘‘(6) FACA.—The Federal Advisory Com- ing ‘‘and all other Department officials’’; other medical services, and medical supplies;
mittee Act (5 U.S.C. App.) shall not apply to (iii) in paragraph (4), by striking ‘‘and’’ at ‘‘(12) coordinating with the Countering
the Advisory Council.’’. the end; Weapons of Mass Destruction Office and
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S5612 CONGRESSIONAL RECORD — SENATE September 29, 2022
other components of the Department as di- Act, and serving as the Chief Medical Officer ical care, including activities conducted by
rected by the Secretary to enhance the abil- of the Department of Homeland Security on individuals, committees, or other review
ity of Federal, State, local, Tribal, and terri- the day before the date of enactment of this bodies responsible for quality assurance, cre-
torial governments to prevent, detect, pro- Act, shall continue to serve as the Chief dentials, infection control, incident report-
tect against, and mitigate the health effects Medical Officer of the Department on and ing, the delivery, advisement, and oversight
of chemical, biological, radiological, and nu- after the date of enactment of this Act with- of direct patient care and assessment (in-
clear issues; and’’; and out the need for reappointment. cluding treatment procedures, blood, drugs,
(D) by adding at the end the following: (2) RULE OF CONSTRUCTION.—The rule of and therapeutics), medical records, health
‘‘(d) ASSISTANCE AND AGREEMENTS.—The construction described in section 2(hh) of the resources management review, and identi-
Secretary, acting through the Chief Medical Presidential Appointment Efficiency and fication and prevention of medical, mental
Officer, in support of the medical and public Streamlining Act of 2011 (5 U.S.C. 3132 note) health, or dental incidents and risks.
health activities of the Department, may— shall not apply to the Chief Medical Officer ‘‘(3) MEDICAL QUALITY ASSURANCE RECORD
‘‘(1) provide technical assistance, training, of the Department of Homeland Security, in- OF THE DEPARTMENT.—The term ‘medical
and information and distribute funds cluding the incumbent who holds the posi- quality assurance record of the Department’
through grants and cooperative agreements tion on the day before the date of enactment means all information, including the pro-
to State, local, Tribal, and territorial gov- of this Act, and such officer shall be paid ceedings, records (including patient records
ernments and nongovernmental organiza- pursuant to section 3132(a)(2) or 5315 of title that the Department creates and maintains
tions; 5, United States Code. as part of a system of records), minutes, and
‘‘(2) enter into other transactions; (3) TRANSFER.—The Secretary of Homeland reports that—
‘‘(3) enter into agreements with other Fed- Security shall transfer to the Chief Medical ‘‘(A) emanate from quality assurance pro-
eral agencies; and Officer of the Department of Homeland Secu- gram activities described in paragraph (2);
‘‘(4) accept services from personnel of com- rity— and
ponents of the Department and other Federal (A) all functions, personnel, budget author- ‘‘(B) are produced or compiled by the De-
agencies on a reimbursable or nonreimburs- ity, and assets of the Under Secretary for partment as part of a medical quality assur-
able basis. Management relating to workforce health ance program.
‘‘(e) OFFICE OF HEALTH SECURITY PRIVACY ‘‘(b) CONFIDENTIALITY OF RECORDS.—A med-
and safety, as in existence on the day before
OFFICER.—There shall be a Privacy Officer in ical quality assurance record of the Depart-
the date of enactment of this Act;
the Office of Health Security with primary ment that is created as part of a medical
(B) all functions, personnel, budget author-
responsibility for privacy policy and compli- quality assurance program—
ity, and assets of the Assistant Secretary for
ance within the Office, who shall— ‘‘(1) is confidential and privileged; and
the Countering Weapons of Mass Destruction
‘‘(1) report directly to the Chief Medical ‘‘(2) except as provided in subsection (d),
Office relating to the Chief Medical Officer,
Officer; and may not be disclosed to any person or entity.
including the Medical Operations Direc- ‘‘(c) PROHIBITION ON DISCLOSURE AND TESTI-
‘‘(2) ensure privacy protections are inte-
torate of the Countering Weapons of Mass MONY.—Except as otherwise provided in this
grated into all Office of Health Security ac-
Destruction Office, as in existence on the section—
tivities, subject to the review and approval
day before the date of enactment of this Act; ‘‘(1) no part of any medical quality assur-
of the Privacy Officer of the Department to
and ance record of the Department may be sub-
the extent consistent with the authority of
(C) all functions, personnel, budget author- ject to discovery or admitted into evidence
the Privacy Officer of the Department under
ity, and assets of the Assistant Secretary for in any judicial or administrative proceeding;
section 222.
‘‘(f) ACCOUNTABILITY.— the Countering Weapons of Mass Destruction and
‘‘(1) STRATEGY AND IMPLEMENTATION Office associated with the efforts pertaining ‘‘(2) an individual who reviews or creates a
PLAN.—Not later than 180 days after the date to the program coordination activities relat- medical quality assurance record of the De-
of enactment of this section, and every 4 ing to defending the food, agriculture, and partment or who participates in any pro-
years thereafter, the Secretary shall create a veterinary defenses of the Office, as in exist- ceeding that reviews or creates a medical
Departmentwide strategy and implementa- ence on the day before the date of enactment quality assurance record of the Department
tion plan to address health threats. of this Act. may not be permitted or required to testify
‘‘(2) BRIEFING.—Not later than 90 days after SEC. 5202. MEDICAL COUNTERMEASURES PRO- in any judicial or administrative proceeding
GRAM.
the date of enactment of this section, the with respect to the record or with respect to
Secretary shall brief the appropriate con- The Homeland Security Act of 2002 (6 any finding, recommendation, evaluation,
gressional committees on the organizational U.S.C. 101 et seq.) is amended by redesig- opinion, or action taken by that individual
transformations of the Office of Health Secu- nating section 1932 (6 U.S.C. 597a) as section in connection with the record.
rity, including how best practices were used 2304 and transferring such section to appear ‘‘(d) AUTHORIZED DISCLOSURE AND TESTI-
in the creation of the Office of Health Secu- after section 2303, as so redesignated by sec- MONY.—
rity.’’; tion 5201 of this division. ‘‘(1) IN GENERAL.—Subject to paragraph (2),
(5) by redesignating section 710 (6 U.S.C. SEC. 5203. CONFIDENTIALITY OF MEDICAL QUAL- a medical quality assurance record of the De-
350) as section 2302 and transferring such sec- ITY ASSURANCE RECORDS. partment may be disclosed, and a person de-
tion to appear after section 2301, as so redes- Title XXIII of the Homeland Security Act scribed in subsection (c)(2) may give testi-
ignated; of 2002, as added by this division, is amended mony in connection with the record, only as
(6) in section 2302, as so redesignated— by adding at the end the following: follows:
(A) in the section heading, by striking ‘‘SEC. 2305. CONFIDENTIALITY OF MEDICAL ‘‘(A) To a Federal agency or private orga-
‘‘MEDICAL SUPPORT’’ and inserting ‘‘SAFETY’’; QUALITY ASSURANCE RECORDS. nization, if the medical quality assurance
(B) in subsection (a), by striking ‘‘Under ‘‘(a) DEFINITIONS.—In this section: record of the Department or testimony is
Secretary for Management’’ each place that ‘‘(1) HEALTH CARE PROVIDER.—The term needed by the Federal agency or private or-
term appears and inserting ‘‘Chief Medical ‘health care provider’ means an individual ganization to—
Officer’’; and who— ‘‘(i) perform licensing or accreditation
(C) in subsection (b)— ‘‘(A) is— functions related to Department health care
(i) in the matter preceding paragraph (1), ‘‘(i) an employee of the Department; facilities, a facility affiliated with the De-
by striking ‘‘Under Secretary for Manage- ‘‘(ii) a detailee to the Department from an- partment, or any other location authorized
ment, in coordination with the Chief Medical other Federal agency; by the Secretary for the performance of
Officer,’’ and inserting ‘‘Chief Medical Offi- ‘‘(iii) a personal services contractor of the health care services; or
cer’’; and Department; or ‘‘(ii) perform monitoring, required by law,
(ii) in paragraph (3), by striking ‘‘as ‘‘(iv) hired under a contract for services; of Department health care facilities, a facil-
deemed appropriate by the Under Sec- ‘‘(B) performs health care services as part ity affiliated with the Department, or any
retary,’’; of duties of the individual in that capacity; other location authorized by the Secretary
(7) by redesignating section 528 (6 U.S.C. and for the performance of health care services.
321q) as section 2303 and transferring such ‘‘(C) has a current, valid, and unrestricted ‘‘(B) To an administrative or judicial pro-
section to appear after section 2302, as so re- license or certification— ceeding concerning an adverse action related
designated; and ‘‘(i) that is issued by a State, the District to the credentialing of or health care pro-
(8) in section 2303(a), as so redesignated, by of Columbia, or a commonwealth, territory, vided by a present or former health care pro-
striking ‘‘Assistant Secretary for the Coun- or possession of the United States; and vider by the Department.
tering Weapons of Mass Destruction Office’’ ‘‘(ii) that is for the practice of medicine, ‘‘(C) To a governmental board or agency or
dlhill on DSK120RN23PROD with SENATE
and inserting ‘‘Chief Medical Officer’’. osteopathic medicine, dentistry, nursing, to a professional health care society or orga-
(b) TRANSITION AND TRANSFERS.— emergency medical services, or another nization, if the medical quality assurance
(1) TRANSITION.—The individual appointed health profession. record of the Department or testimony is
pursuant to section 1931 of the Homeland Se- ‘‘(2) MEDICAL QUALITY ASSURANCE PRO- needed by the board, agency, society, or or-
curity Act of 2002 (6 U.S.C. 597) of the Depart- GRAM.—The term ‘medical quality assurance ganization to perform licensing,
ment of Homeland Security, as in effect on program’ means any activity carried out by credentialing, or the monitoring of profes-
the day before the date of enactment of this the Department to assess the quality of med- sional standards with respect to any health
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5613
care provider who is or was a health care provided in good faith based on prevailing (A) in the paragraph heading, by striking
provider for the Department. professional standards at the time the med- ‘‘HAWAIIAN NATIVE-SERVING’’ and inserting
‘‘(D) To a hospital, medical center, or ical quality assurance program activity took ‘‘NATIVE HAWAIIAN-SERVING’’; and
other institution that provides health care place. (B) by striking ‘‘Hawaiian native-serving’’
services, if the medical quality assurance ‘‘(i) APPLICATION TO INFORMATION IN CER- and inserting ‘‘ ‘Native Hawaiian-serving’’;
record of the Department or testimony is TAIN OTHER RECORDS.—Nothing in this sec- (6) by striking the subtitle heading for sub-
needed by the institution to assess the pro- tion shall be construed as limiting access to title C of title XIX;
fessional qualifications of any health care the information in a record created and (7) by striking section 1932 (6 U.S.C. 597a);
provider who is or was a health care provider maintained outside a medical quality assur- and
for the Department and who has applied for ance program, including the medical record (8) in section 2306, as so redesignated by
or been granted authority or employment to of a patient, on the grounds that the infor- section 5204 of this division—
provide health care services in or on behalf mation was presented during meetings of a (A) by inserting ‘‘PORTABILITY OF LICEN-
of the institution. review body that are part of a medical qual- SURE.’’ after ‘‘2306.’’; and
‘‘(E) To an employee, a detailee, or a con- ity assurance program. (B) in subsection (a), by striking ‘‘(a) Not-
tractor of the Department who has a need for ‘‘(j) PENALTY.—Any person who willfully withstanding’’ and inserting the following:
the medical quality assurance record of the discloses a medical quality assurance record ‘‘(a) IN GENERAL.—Notwithstanding’’.
Department or testimony to perform official of the Department other than as provided in
duties or duties within the scope of their this section, knowing that the record is a SA 6085. Mr. BLUMENTHAL (for
contract. medical quality assurance record of the De- himself, Mr. WYDEN, Ms. WARREN, Mr.
‘‘(F) To a criminal or civil law enforce- partment shall be fined not more than $3,000 KING, Mr. BENNET, Mrs. MURRAY, Ms.
ment agency or instrumentality charged in the case of a first offense and not more HIRONO, Mr. KAINE, Mr. DURBIN, Mr.
under applicable law with the protection of than $20,000 in the case of a subsequent of-
BOOKER, Mr. HICKENLOOPER, Ms. KLO-
the public health or safety, if a qualified rep- fense.
‘‘(k) RELATIONSHIP TO COAST GUARD.—The BUCHAR, Mr. VAN HOLLEN, Mr. SANDERS,
resentative of the agency or instrumentality
makes a written request that the medical requirements of this section shall not apply Mrs. GILLIBRAND, Mrs. FEINSTEIN, Ms.
quality assurance record of the Department to any medical quality assurance record of COLLINS, Ms. BALDWIN, Mr. HEINRICH,
or testimony be provided for a purpose au- the Department that is created by or for the and Mr. MURPHY) submitted an amend-
thorized by law. Coast Guard as part of a medical quality as- ment intended to be proposed to
‘‘(G) In an administrative or judicial pro- surance program.’’. amendment SA 5499 submitted by Mr.
ceeding commenced by a criminal or civil SEC. 5204. PORTABILITY OF LICENSURE. REED (for himself and Mr. INHOFE) and
law enforcement agency or instrumentality (a) TRANSFER.—Section 16005 of the CARES intended to be proposed to the bill H.R.
described in subparagraph (F), but only with Act (6 U.S.C. 320 note) is redesignated as sec-
respect to the subject of the proceeding.
7900, to authorize appropriations for
tion 2306 of the Homeland Security Act of
‘‘(2) PERSONALLY IDENTIFIABLE INFORMA- 2002 and transferred so as to appear after sec-
fiscal year 2023 for military activities
TION.— tion 2305, as added by section 5203 of this di- of the Department of Defense, for mili-
‘‘(A) IN GENERAL.—With the exception of vision. tary construction, and for defense ac-
the subject of a quality assurance action, (b) REPEAL.—Section 2306 of the Homeland tivities of the Department of Energy,
personally identifiable information of any Security Act of 2002, as so redesignated by to prescribe military personnel
person receiving health care services from subsection (a), is amended by striking sub- strengths for such fiscal year, and for
the Department or of any other person asso- section (c). other purposes; which was ordered to
ciated with the Department for purposes of a SEC. 5205. TECHNICAL AND CONFORMING
medical quality assurance program that is
lie on the table; as follows:
AMENDMENTS.
disclosed in a medical quality assurance The Homeland Security Act of 2002 (6 At the end of subtitle G of title X, add the
record of the Department shall be deleted U.S.C. 101 et seq.) is amended— following:
from that record before any disclosure of the (1) in the table of contents in section 1(b) SEC. 1077. LIMITATION ON COPAYMENTS FOR
record is made outside the Department. CONTRACEPTION FOR VETERANS.
(Public Law 107–296; 116 Stat. 2135)—
‘‘(B) APPLICATION.—The requirement under (A) by striking the items relating to sec- Section 1722A(a)(2) of title 38, United
subparagraph (A) shall not apply to the re- tions 528 and 529 and inserting the following: States Code, is amended—
lease of information that is permissible (1) by striking ‘‘to pay’’ and all that fol-
‘‘Sec. 528. Transfer of equipment during a lows through the period and inserting ‘‘to
under section 552a of title 5, United States public health emergency.’’;
Code (commonly known as the ‘Privacy Act pay—’’; and
(B) by striking the items relating to sec- (2) by adding at the end the following new
of 1974’). tions 710, 711, 712, and 713 and inserting the
‘‘(e) DISCLOSURE FOR CERTAIN PURPOSES.— subparagraphs:
following: ‘‘(A) an amount in excess of the cost to the
Nothing in this section shall be construed—
‘‘(1) to authorize or require the with- ‘‘Sec. 710. Employee engagement. Secretary for medication described in para-
holding from any person or entity aggregate ‘‘Sec. 711. Annual employee award program. graph (1); or
statistical information regarding the results ‘‘Sec. 712. Acquisition professional career ‘‘(B) an amount for any contraceptive item
of medical quality assurance programs; or program.’’; for which coverage under health insurance
‘‘(2) to authorize the withholding of any (C) by inserting after the item relating to coverage is required without the imposition
medical quality assurance record of the De- section 1928 the following: of any cost-sharing requirement pursuant to
partment from a committee of either House ‘‘Sec. 1929. Accountability.’’; section 2713(a)(4) of the Public Health Serv-
of Congress, any joint committee of Con- (D) by striking the items relating to sub- ice Act (42 U.S.C. 300gg–13(a)(4)).’’.
gress, or the Comptroller General of the title C of title XIX and sections 1931 and 1932;
United States if the record pertains to any and SA 6086. Ms. HASSAN (for herself and
matter within their respective jurisdictions. (E) by adding at the end the following: Ms. MURKOWSKI) submitted an amend-
‘‘(f) PROHIBITION ON DISCLOSURE OF INFOR- ‘‘TITLE XXIII—OFFICE OF HEALTH ment intended to be proposed to
MATION, RECORD, OR TESTIMONY.—A person or SECURITY amendment SA 5499 submitted by Mr.
entity having possession of or access to a
medical quality assurance record of the De- ‘‘Sec. 2301. Office of Health Security. REED (for himself and Mr. INHOFE) and
partment or testimony described in this sec- ‘‘Sec. 2302. Workforce health and safety. intended to be proposed to the bill H.R.
tion may not disclose the contents of the ‘‘Sec. 2303. Coordination of Department of 7900, to authorize appropriations for
record or testimony in any manner or for Homeland Security efforts re- fiscal year 2023 for military activities
any purpose except as provided in this sec- lated to food, agriculture, and
of the Department of Defense, for mili-
tion. veterinary defense against ter-
rorism. tary construction, and for defense ac-
‘‘(g) EXEMPTION FROM FREEDOM OF INFOR-
MATION ACT.—A medical quality assurance ‘‘Sec. 2304. Medical countermeasures pro- tivities of the Department of Energy,
record of the Department shall be exempt gram. to prescribe military personnel
from disclosure under section 552(b)(3) of ‘‘Sec. 2305. Confidentiality of medical qual- strengths for such fiscal year, and for
title 5, United States Code (commonly ity assurance records. other purposes; which was ordered to
known as the ‘Freedom of Information Act’). ‘‘Sec. 2306. Portability of licensure.’’; lie on the table; as follows:
‘‘(h) LIMITATION ON CIVIL LIABILITY.—A per- (2) by redesignating section 529 (6 U.S.C.
At the end of title X, add the following:
dlhill on DSK120RN23PROD with SENATE
son who participates in the review or cre- 321r) as section 528;
ation of, or provides information to a person (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by Subtitle H—Mainstreaming Addiction
or body that reviews or creates, a medical striking ‘‘section 711(a)’’ and inserting ‘‘sec- Treatment
quality assurance record of the Department tion 710(a))’’; SEC. 1081. SHORT TITLE.
shall not be civilly liable for that participa- (4) by redesignating sections 711, 712, and This subtitle may be cited as the
tion or for providing that information if the 713 as sections 710, 711, and 712, respectively; ‘‘Mainstreaming Addiction Treatment Act of
participation or provision of information was (5) in section 1923(b)(3) (6 U.S.C. 592(b)(3))— 2022’’.
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- Original
- www.govinfo.gov