Text of Amendments to SA 5499, September 29, 2022 — Congressional Record, Senate
Summary
Page S5872 of the Senate section of the Congressional Record for September 29, 2022, headed as text of amendments to SA 5499, in interleaved columns. SA 6349 from Mr. Casey for himself and Mr. Cassidy is an amendment intended to be proposed to SA 5499 submitted by Mr. Reed, to the bill authorizing fiscal year 2023 appropriations for military activities of the Department of Defense. Amendment text includes a provision that demographic information is not made available to examiners or considered in the examination of any patent application and is exempt from disclosure under the Freedom of Information Act, along with language on introducing armed forces into hostilities within the meaning of the War Powers Resolution and a limitation on civil liability.
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“Text of Amendments to SA 5499, September 29, 2022 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-29-crec-2022-09-29-pt1-pgs5872-3-0f9e2d0c50/
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S5872 CONGRESSIONAL RECORD — SENATE September 29, 2022
‘‘(2) The introduction of United States appropriations for fiscal year 2023 for ‘‘(B) that demographic information is not
armed forces, within the meaning of section military activities of the Department made available to examiners or considered in
5(b) of the War Powers Resolution, into hos- of Defense, for military construction, the examination of any application for pat-
tilities or into situations wherein hostilities ent.
and for defense activities of the De-
are clearly indicated by the circumstances. ‘‘(c) RELATION TO OTHER LAWS.—
‘‘(3) The provision of support to regular partment of Energy, to prescribe mili- ‘‘(1) FREEDOM OF INFORMATION ACT.—Any
forces, irregular forces, groups, or individ- tary personnel strengths for such fiscal demographic information submitted under
uals for the conduct of operations that year, and for other purposes; which was subsection (a) shall be exempt from disclo-
United States Special Operations Forces are ordered to lie on the table; as follows: sure under section 552(b)(3) of title 5.
not otherwise legally authorized to conduct At the end of subtitle F of title XII, add ‘‘(2) FEDERAL INFORMATION POLICY LAW.—
themselves. the following: Subchapter I of chapter 35 of title 44 shall
‘‘(4) The conduct or support of activities, SEC. 1276. LIMITATION ON TRANSFER OF F–16 not apply to the collection of demographic
directly or indirectly, that are inconsistent AIRCRAFT. information under subsection (a).
with the laws of armed conflict.’’. (a) IN GENERAL.—The President may not ‘‘(d) PUBLICATION OF DEMOGRAPHIC INFOR-
(b) CONSIDERATION OF HUMAN RIGHTS sell or authorize a license for the export of MATION.—
RECORDS OF RECIPIENTS OF SUPPORT OF SPE- new F–16 aircraft or F–16 upgrade technology ‘‘(1) REPORT REQUIRED.—Not later than 1
CIAL OPERATIONS FOR IRREGULAR WARFARE.— or modernization kits pursuant to any au- year after the date of enactment of this sec-
Section 1202 of the National Defense Author- thority provided by the Arms Export Control tion, and not later than January 31 of each
ization Act for Fiscal Year 2018 (Public Law Act (22 U.S.C. 2751 et seq.) to the Govern- year thereafter, the Director shall make pub-
115–91; 131 Stat. 1639) is amended— ment of Turkey, or to any agency or instru- licly available a report that, except as pro-
(1) in subsection (c)(2), by adding at the mentality of Turkey, unless the President vided in paragraph (3)—
end of the following new subparagraph: provides to the Committee on Foreign Rela- ‘‘(A) includes the total number of patent
‘‘(D) The processes through which the Sec- tions of the Senate, the Committee on For- applications filed during the previous year
retary of Defense shall, in consultation with eign Affairs of the House of Representatives, disaggregated—
the Secretary of State, ensure that prior to and the congressional defense committees a ‘‘(i) by demographic information described
a decision to provide support to individual certification that— in subsection (a); and
members or units of foreign forces, irregular (1) such transfer is in the national interest ‘‘(ii) by technology class number, tech-
forces, or groups in a foreign country full of the United States; and nology class title, country of residence of the
consideration is given to any credible infor- (2) includes a detailed description of con- inventor, and State of residence of the inven-
mation available to the Department of State crete steps taken to ensure that such F–16s tor in the United States;
relating to gross violations of human rights are not used by Turkey for repeated unau- ‘‘(B) includes the total number of patents
by such individuals or units.’’; thorized territorial overflights of Greece or issued during the previous year
(2) in subsection (d)(2)— military operations against United States al- disaggregated—
(A) by redesignating subparagraph (G) as lies, including the Syrian Democratic ‘‘(i) by demographic information described
subparagraph (H); and Forces, in the fight against ISIS. in subsection (a); and
(B) by inserting after subparagraph (F) the (b) ADDITIONAL LIMITATION.—Notwith- ‘‘(ii) by technology class number, tech-
following new subparagraph (G): standing a certification described in sub- nology class title, country of residence of the
‘‘(G) A description of the human rights section (a), a transfer of new F–16 aircraft or inventor, and State of residence of the inven-
record of the recipient, including for pur- F–16 upgrade technology or modernization tor in the United States; and
poses of section 362 of title 10, United States kits described in that subsection may not be ‘‘(C) includes a discussion of the data col-
Code, and any relevant attempts by such re- carried out before the date on which Turkey lection methodology and summaries of the
cipient to remedy such record.’’; ratifies the accession of Sweden and Finland aggregate responses.
(3) in subsection (h)(3), by adding at the to the North Atlantic Treaty Organization.
‘‘(2) DATA AVAILABILITY.—In conjunction
end the following new subparagraph: with issuance of the report under paragraph
‘‘(I) An assessment of how support provided SA 6346. Ms. HIRONO submitted an
(1), the Director shall make publicly avail-
under this section advances United States amendment intended to be proposed to able data based on the demographic informa-
national security priorities and aligns with amendment SA 5499 submitted by Mr. tion collected under subsection (a) that, ex-
other United States Government interests in REED (for himself and Mr. INHOFE) and cept as provided in paragraph (3), allows the
countries in which activities under the au- intended to be proposed to the bill H.R. information to be cross-tabulated to review
thority in this section are ongoing.’’; 7900, to authorize appropriations for subgroups.
(4) by redesignating subsection (i) as sub- fiscal year 2023 for military activities ‘‘(3) PRIVACY.—The Director—
section (j); and ‘‘(A) may not include personally identi-
of the Department of Defense, for mili-
(5) by inserting after subsection (h) the fol- fying information in—
lowing new subsection (i): tary construction, and for defense ac-
‘‘(i) the report made publicly available
‘‘(i) PROHIBITION ON USE OF FUNDS.— tivities of the Department of Energy, under paragraph (1); or
‘‘(1) IN GENERAL.—Except as provided in to prescribe military personnel ‘‘(ii) the data made publicly available
paragraphs (2) and (3), no funds may be used strengths for such fiscal year, and for under paragraph (2); and
to provide support to any individual member other purposes; which was ordered to ‘‘(B) in making publicly available the re-
or unit of a foreign force, irregular force, or lie on the table; as follows: port under paragraph (1) and the data under
group in a foreign country if the Secretary of paragraph (2), shall anonymize any person-
At the appropriate place, insert the fol-
Defense has credible information that such ally identifying information related to the
lowing:
individual or unit has committed a gross vio- demographic information collected under
SEC. lll. COLLECTION OF DEMOGRAPHIC IN-
lation of human rights. FORMATION FOR PATENT INVEN- subsection (a).
‘‘(2) WAIVER AUTHORITY.—The Secretary of TORS. ‘‘(e) BIENNIAL REPORT.—Not later than 2
Defense, after consultation with the Sec- (a) AMENDMENT.—Chapter 11 of title 35, years after the date of enactment of this sec-
retary of State, may waive the prohibition United States Code, is amended by adding at tion, and every 2 years thereafter, the Direc-
under paragraph (1) if the Secretary deter- the end the following: tor shall submit to Congress a biennial re-
mines that the waiver is required by extraor- ‘‘§ 124. Collection of demographic information port that evaluates the data collection proc-
dinary circumstances. for patent inventors ess under this section, ease of access to the
‘‘(3) EXCEPTION.—The prohibition under information by the public, and recommenda-
paragraph (1) shall not apply with respect to ‘‘(a) VOLUNTARY COLLECTION.—The Director
shall provide for the collection of demo- tions on how to improve data collection.’’.
individual members or units of such foreign (b) TECHNICAL AND CONFORMING AMEND-
forces, irregular forces, or groups if the Sec- graphic information, including gender, race,
military or veteran status, and any other de- MENT.—The table of sections at the begin-
retary of Defense, after consultation with ning of chapter 11 of title 35, United States
the Secretary of State, determines that— mographic category that the Director deter-
mines appropriate, related to each inventor Code, is amended by adding at the end the
‘‘(A) the government of such country has following:
taken all necessary corrective steps; or listed with an application for patent, that
‘‘(B) the support is necessary to assist in may be submitted voluntarily by that inven- ‘‘124. Collection of demographic informa-
disaster relief operations or other humani- tor. tion for patent inventors.’’.
‘‘(b) PROTECTION OF INFORMATION.—The Di-
tarian or national security emergencies.’’.
rector shall— SA 6347. Mr. PETERS submitted an
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SA 6345. Mr. VAN HOLLEN sub- ‘‘(1) keep any information submitted under amendment intended to be proposed to
subsection (a) confidential and separate from
mitted an amendment intended to be amendment SA 5499 submitted by Mr.
the application for patent; and
proposed to amendment SA 5499 sub- ‘‘(2) establish appropriate procedures to en- REED (for himself and Mr. INHOFE) and
mitted by Mr. REED (for himself and sure— intended to be proposed to the bill H.R.
Mr. INHOFE) and intended to be pro- ‘‘(A) the confidentiality of any information 7900, to authorize appropriations for
posed to the bill H.R. 7900, to authorize submitted under subsection (a); and fiscal year 2023 for military activities
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5873
of the Department of Defense, for mili- ‘‘(1) IN GENERAL.—For the purposes of co- destruction and chemical, biological, radio-
tary construction, and for defense ac- ordinating the efforts of the Department to logical, nuclear, and other related emerging
tivities of the Department of Energy, counter weapons of mass destruction and threats, the Office shall—
chemical, biological, radiological, nuclear, ‘‘(A) in coordination with end users, in-
to prescribe military personnel and other related emerging threats, the Of- cluding State, local, Tribal, and territorial
strengths for such fiscal year, and for fice shall— partners, as appropriate—
other purposes; which was ordered to ‘‘(A) provide expertise and guidance to De- ‘‘(i) carry out a program to test and evalu-
lie on the table; as follows: partment leadership and components on ate technology, in consultation with the
At the end, add the following: chemical, biological, radiological, nuclear, Science and Technology Directorate, to de-
DIVISION E—OFFICES OF COUNTERING and other related emerging threats, subject tect and report on weapons of mass destruc-
to the research, development, testing, and tion and chemical, biological, radiological,
WEAPONS OF MASS DESTRUCTION AND
evaluation coordination requirement de- nuclear, and other related emerging threats
HEALTH SECURITY
scribed in subparagraph (G); weapons or unauthorized material, in coordi-
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS. ‘‘(B) in coordination with the Office for nation with other Federal agencies, as appro-
(a) SHORT TITLE.—This division may be Strategy, Policy, and Plans, lead develop- priate, and establish performance metrics to
cited as the ‘‘Offices of Countering Weapons ment of policies and strategies to counter evaluate the effectiveness of individual de-
of Mass Destruction and Health Security Act weapons of mass destruction and chemical, tectors and detection systems in detecting
of 2022’’. biological, radiological, nuclear, and other those weapons or material—
(b) TABLE OF CONTENTS.—The table of con- 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-
ons of mass destruction and chemical, bio- duct, support, coordinate, and encourage a
Sec. 5101. Countering Weapons of Mass De- logical, radiological, nuclear, and other re- transformational program of research and
struction Office. lated emerging threats; development to generate and improve tech-
Sec. 5102. Rule of construction. ‘‘(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;
nuclear, and other related emerging threats; ‘‘(C) before carrying out operational test-
SEC. 5101. COUNTERING WEAPONS OF MASS DE-
STRUCTION OFFICE.
‘‘(F) lead development and prioritization of ing under subparagraph (A), develop a test-
Department requirements to counter weap- ing and evaluation plan that articulates the
(a) HOMELAND SECURITY ACT OF 2002.—Title
ons of mass destruction and chemical, bio- requirements for the user and describes how
XIX of the Homeland Security Act of 2002 (6 logical, radiological, nuclear, and other re- these capability needs will be tested in de-
U.S.C. 590 et seq.) is amended— lated emerging threats, subject to the re- velopmental test and evaluation and oper-
(1) in section 1901 (6 U.S.C. 591)— search, development, testing, and evaluation ational test and evaluation;
(A) in subsection (c), by amending para- 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’’;
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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);
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S5874 CONGRESSIONAL RECORD — SENATE September 29, 2022
(iv) redesignating paragraphs (11) and (12) 2003’’ and inserting ‘‘based on the capability fense Authorization Act for Fiscal Year 2017
as paragraphs (6) and (7), respectively; and capacity of the jurisdiction, as well as (6 U.S.C. 104; relating to the development of
(v) in paragraph (6)(B), as so redesignated, the relative threat, vulnerability, and con- a national biodefense strategy and associ-
by striking ‘‘national strategic five-year sequences from terrorist attacks and other ated implementation plan, including a re-
plan referred to in paragraph (10)’’ and in- high-consequence events utilizing nuclear or view and assessment of biodefense policies,
serting ‘‘United States national technical other radiological materials’’; and practices, programs, and initiatives) or any
nuclear forensics strategic planning’’; (C) by striking subsection (d) and inserting successor strategy; and
(vi) in paragraph (7)(C)(v), as so redesig- the following: ‘‘(B) shall—
nated— ‘‘(d) REPORT.—Not later than 2 years after ‘‘(i) describe the biodefense mission and
(I) in the matter preceding subclause (I), the date of enactment of the Offices of Coun- role of the Department, as well as how such
by inserting ‘‘except as otherwise provided,’’ tering Weapons of Mass Destruction and mission and role relates to the biodefense
before ‘‘require’’; and Health Security Act of 2022, the Secretary lines of effort of the Department;
(II) in subclause (II)— shall submit to the appropriate congres- ‘‘(ii) clarify, as necessary, biodefense roles,
(aa) in the matter preceding item (aa), by sional committees an update on the STC pro- responsibilities, and capabilities of the com-
striking ‘‘death or disability’’ and inserting gram.’’; and ponents and offices of the Department in-
‘‘death, disability, or a finding of good cause (8) by adding at the end the following: volved in the biodefense lines of effort of the
as determined by the Assistant Secretary ‘‘SEC. 1929. ACCOUNTABILITY. Department;
(including extreme hardship, extreme need, ‘‘(a) DEPARTMENTWIDE STRATEGY.— ‘‘(iii) establish how biodefense lines of ef-
or the needs of the Office) and for which the ‘‘(1) IN GENERAL.—Not later than 180 days fort of the Department are to be coordinated
Assistant Secretary may grant a waiver of after the date of enactment of Offices of within the Department;
the repayment obligation’’; and Countering Weapons of Mass Destruction and ‘‘(iv) establish how the Department en-
(bb) in item (bb), by adding ‘‘and’’ at the Health Security Act of 2022, and every 4 gages with public and private partners in the
end; years thereafter, the Secretary shall create a biodefense enterprise, including other Fed-
(vii) by striking paragraph (13); and Departmentwide strategy and implementa- eral agencies, national laboratories and
(viii) by redesignating paragraph (14) as tion plan to counter weapons of mass de- sites, and State, local, Tribal, and territorial
paragraph (8); and struction and chemical, biological, radio- entities, with specificity regarding the fre-
(D) by inserting after subsection (b), as so logical, nuclear, and other related emerging quency and nature of such engagement by
redesignated, the following: threats, which should— Department components and offices with
‘‘(c) CHEMICAL AND BIOLOGICAL RESPON- ‘‘(A) have clearly identified authorities, State, local, Tribal and territorial entities;
SIBILITIES.—The Office— specified roles, objectives, benchmarks, ac- and
‘‘(1) shall be responsible for coordinating countability, and timelines; ‘‘(v) include information relating to—
with other Federal efforts to enhance the ‘‘(B) incorporate the perspectives of non- ‘‘(I) milestones and performance metrics
ability of Federal, State, local, and Tribal Federal and private sector partners; and that are specific to the biodefense mission
governments to prevent, detect, protect ‘‘(C) articulate how the Department will and role of the Department described in
against, and mitigate the impacts of chem- contribute to relevant national-level strate- clause (i); and
ical and biological threats against the gies and work with other Federal agencies. ‘‘(II) implementation of any operational
United States; and ‘‘(2) CONSIDERATION.—The Secretary shall
changes necessary to carry out clauses (iii)
‘‘(2) shall— appropriately consider weapons of mass de-
and (iv).
‘‘(A) serve as a primary entity of the Fed- struction and chemical, biological, radio-
‘‘(4) PERIODIC UPDATE.—Beginning not later
eral Government to further develop, acquire, logical, nuclear, and other related emerging
than 5 years after the issuance of the bio-
deploy, and support the operations of a na- threats when creating the strategy and im-
defense strategy and implementation plans
tional biosurveillance system in support of plementation plan required under paragraph
required under paragraph (3), and not less
Federal, State, local, Tribal, and territorial (1).
often than once every 5 years thereafter, the
governments, and improve that system over ‘‘(3) REPORT.—The Office shall submit to
Secretary shall review and update, as nec-
time; the appropriate congressional committees a
essary, such strategy and plans.
‘‘(B) enhance the chemical and biological report on the updated Departmentwide strat-
detection efforts of Federal, State, local, ‘‘(5) CONGRESSIONAL OVERSIGHT.—Not later
egy and implementation plan required under
Tribal, and territorial governments and pro- than 30 days after the issuance of the bio-
paragraph (1).
vide guidance, tools, and training to help en- ‘‘(b) DEPARTMENTWIDE BIODEFENSE REVIEW defense strategy and implementation plans
sure a managed, coordinated response; and AND STRATEGY.— required under paragraph (3), the Secretary
‘‘(C) collaborate with the Biomedical Ad- ‘‘(1) IN GENERAL.—Not later than 180 days shall brief the Committee on Homeland Se-
vanced Research and Development Author- after the date of enactment of the Offices of curity and Governmental Affairs of the Sen-
ity, the Office of Health Security, the De- Countering Weapons of Mass Destruction and ate and the Committee on Homeland Secu-
fense Advanced Research Projects Agency, Health Security Act of 2022, the Secretary, rity of the House of Representatives regard-
and the National Aeronautics and Space Ad- in consultation with appropriate stake- ing such strategy and plans.
‘‘(c) EMPLOYEE MORALE.—Not later than
ministration, and other relevant Federal holders representing Federal, State, Tribal,
180 days after the date of enactment of the
stakeholders, and receive input from indus- territorial, academic, private sector, and
Offices of Countering Weapons of Mass De-
try, academia, and the national laboratories nongovernmental entities, shall conduct a
struction and Health Security Act of 2022,
on chemical and biological surveillance ef- Departmentwide review of biodefense activi-
the Office shall submit to and brief the ap-
forts.’’; ties and strategies. propriate congressional committees on a
(5) in section 1924 (6 U.S.C. 593), by striking ‘‘(2) REVIEW.—The review required under strategy and plan to continuously improve
‘‘section 11011 of the Strom Thurmond Na- paragraph (1) shall— morale within the Office.
tional Defense Authorization Act for Fiscal ‘‘(A) identify with specificity the bio- ‘‘(d) COMPTROLLER GENERAL.—Not later
Year 1999 (5 U.S.C. 3104 note).’’ and inserting defense lines of effort of the Department, in- than 1 year after the date of enactment of
‘‘section 4092 of title 10, United States Code, cluding relating to biodefense roles, respon- the Offices of Countering Weapons of Mass
except that the authority shall be limited to sibilities, and capabilities of components and Destruction and Health Security Act of 2022,
facilitate the recruitment of experts in the offices of the Department; the Comptroller General of the United States
chemical, biological, radiological, or nuclear ‘‘(B) assess how such components and of- shall conduct a review of and brief the appro-
specialties.’’; fices coordinate internally and with public priate congressional committees on—
(6) in section 1927(a)(1)(C) (6 U.S.C. and private partners in the biodefense enter- ‘‘(1) the efforts of the Office to prioritize
596a(a)(1)(C))— prise; the programs and activities that carry out
(A) in clause (i), by striking ‘‘required ‘‘(C) identify any policy, resource, capa- the mission of the Office, including research
under section 1036 of the National Defense bility, or other gaps in the Department’s and development;
Authorization Act for Fiscal Year 2010’’; ability to assess, prevent, protect against, ‘‘(2) the consistency and effectiveness of
(B) in clause (ii), by striking ‘‘and’’ at the and respond to biological threats; and stakeholder coordination across the mission
end; ‘‘(D) identify any organizational changes of the Department, including operational
(C) in clause (iii), by striking the period at or reforms necessary for the Department to and support components of the Department
the end and inserting ‘‘; and’’; and effectively execute its biodefense mission and State and local entities; and
(D) by adding at the end the following: and role, including with respect to public ‘‘(3) the efforts of the Office to manage and
‘‘(iv) includes any other information re- and private partners in the biodefense enter- coordinate the lifecycle of research and de-
garding national technical nuclear forensics prise. velopment within the Office and with other
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activities carried out under section 1923.’’; ‘‘(3) STRATEGY.—Not later than 1 year after components of the Department, including
(7) in section 1928 (6 U.S.C. 596b)— completion of the review required under the Science and Technology Directorate.
(A) in subsection (a), by striking ‘‘high- paragraph (1), the Secretary shall issue a ‘‘(e) NATIONAL ACADEMIES OF SCIENCES, EN-
risk urban areas’’ and inserting ‘‘jurisdic- biodefense strategy for the Department GINEERING, AND MEDICINE.—
tions designated under subsection (c)’’; that— ‘‘(1) STUDY.—The Secretary shall enter
(B) in subsection (c)(1), by striking ‘‘from ‘‘(A) is informed by such review and is into an agreement with the National Acad-
among high-risk urban areas under section aligned with section 1086 of the National De- emies of Sciences, Engineering, and Medicine
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5875
to conduct a consensus study and report to ‘‘(5) VOLUNTARY SERVICE.—The members of agement Agency, the Assistant Secretary,
the Secretary and the appropriate congres- the Advisory Council shall serve on the Advi- and other Department officials’’ and insert-
sional committees on— sory Council on a voluntary basis. ing ‘‘and all other Department officials’’;
‘‘(A) the role of the Department in pre- ‘‘(6) FACA.—The Federal Advisory Com- (iii) in paragraph (4), by striking ‘‘and’’ at
paring, detecting, and responding to biologi- mittee Act (5 U.S.C. App.) shall not apply to the end;
cal and health security threats to the home- the Advisory Council.’’. (iv) by redesignating paragraph (5) as para-
land; (b) COUNTERING WEAPONS OF MASS DE- graph (13); and
‘‘(B) recommendations to improve depart- STRUCTION ACT OF 2018.—Section 2 of the (v) by inserting after paragraph (4) the fol-
mental biosurveillance efforts against bio- Countering Weapons of Mass Destruction Act lowing:
logical threats, including any relevant bio- of 2018 (Public Law 115–387; 132 Stat. 5162) is ‘‘(5) overseeing all medical and public
logical detection methods and technologies; amended— health activities of the Department, includ-
and (1) in subsection (b)(2) (6 U.S.C. 591 note), ing the delivery, advisement, and oversight
‘‘(C) the feasibility of different techno- by striking ‘‘1927’’ and inserting ‘‘1926’’; and of direct patient care and the organization,
logical advances for biodetection compared (2) in subsection (g) (6 U.S.C. 591 note)— management, and staffing of component op-
to the cost, risk reduction, and timeliness of (A) in the matter preceding paragraph (1), erations that deliver direct patient care;
those advances. by striking ‘‘one year after the date of the ‘‘(6) advising the head of each component
‘‘(2) BRIEFING.—Not later than 1 year after enactment of this Act, and annually there- of the Department that delivers direct pa-
the date on which the Secretary receives the after,’’ and inserting ‘‘June 30 of each year,’’; tient care regarding the recruitment and ap-
report required under paragraph (1), the Sec- and pointment of a component chief medical offi-
retary shall brief the appropriate congres- (B) in paragraph (2), by striking ‘‘Security, cer and deputy chief medical officer or the
sional committees on— including research and development activi- employee who functions in the capacity of
‘‘(A) the implementation of the rec- ties’’ and inserting ‘‘Security’’. chief medical officer and deputy chief med-
ommendations included in the report; and (c) SECURITY AND ACCOUNTABILITY FOR
ical officer;
‘‘(B) the status of biological detection at EVERY PORT ACT OF 2006.—The Security and
‘‘(7) advising the Secretary and the head of
the Department, and, if applicable, timelines Accountability for Every Port Act of 2006 (6
for the transition from Biowatch to updated each component of the Department that de-
U.S.C. 901 et seq.) is amended—
technology. livers direct patient care regarding knowl-
(1) in section 1(b) (Public Law 109–347; 120
‘‘(f) ADVISORY COUNCIL.— edge and skill standards for medical per-
Stat 1884), by striking the item relating to
‘‘(1) ESTABLISHMENT.—Not later than 180 sonnel and the assessment of that knowledge
section 502; and
days after the date of enactment of the Of- and skill;
(2) by striking section 502 (6 U.S.C. 592a).
fices of Countering Weapons of Mass De- ‘‘(8) advising the Secretary and the head of
SEC. 5102. RULE OF CONSTRUCTION.
struction and Health Security Act of 2022, each component of the Department that de-
Nothing in this title or the amendments
the Secretary shall establish an advisory livers patient care regarding the collection,
made by this title shall be construed to af-
body to advise on the ongoing coordination storage, and oversight of medical records;
fect or diminish the authorities or respon-
of the efforts of the Department to counter ‘‘(9) with respect to any psychological
sibilities of the Under Secretary for Science
weapons of mass destruction, to be known as health counseling or assistance program of
and Technology.
the Advisory Council for Countering Weap- the Department, including such a program of
TITLE II—OFFICE OF HEALTH SECURITY a law enforcement, operational, or support
ons of Mass Destruction (in this subsection
SEC. 5201. OFFICE OF HEALTH SECURITY. component of the Department, advising the
referred to as the ‘Advisory Council’).
‘‘(2) MEMBERSHIP.—The members of the Ad- (a) ESTABLISHMENT.—The Homeland Secu- head of each such component with such a
visory Council shall— rity Act of 2002 (6 U.S.C. 101 et seq.) is program regarding—
‘‘(A) be appointed by the Assistant Sec- amended— ‘‘(A) ensuring such program includes safe-
retary; and (1) in section 103 (6 U.S.C. 113)— guards against adverse action, including
‘‘(B) to the extent practicable, represent a (A) in subsection (a)(2)— automatic referrals for a fitness for duty ex-
geographic (including urban and rural) and (i) by striking ‘‘the Assistant Secretary for amination, by such component with respect
substantive cross section of officials, from Health Affairs,’’; and to any employee solely because such em-
State, local, and Tribal governments, aca- (ii) by striking ‘‘Affairs, or’’ and inserting ployee self-identifies a need for psycho-
demia, the private sector, national labora- ‘‘Affairs or’’; and logical health counseling or assistance or re-
tories, and nongovernmental organizations, (B) in subsection (d), by adding at the end ceives such counseling or assistance;
including, as appropriate— the following: ‘‘(B) increasing the availability and num-
‘‘(i) members selected from the emergency ‘‘(6) A Chief Medical Officer.’’; ber of local psychological health profes-
management field and emergency response (2) by adding at the end the following: sionals with experience providing psycho-
providers; ‘‘TITLE XXIII—OFFICE OF HEALTH logical support services to personnel;
‘‘(ii) State, local, and Tribal government SECURITY’’; ‘‘(C) establishing a behavioral health cur-
officials; (3) by redesignating section 1931 (6 U.S.C. riculum for employees at the beginning of
‘‘(iii) experts in the public and private sec- 597) as section 2301 and transferring such sec- their careers to provide resources early re-
tors with expertise in chemical, biological, tion to appear after the heading for title garding the importance of psychological
radiological, and nuclear agents and weap- XXIII, as added by paragraph (2); and health;
ons; (4) in section 2301, as so redesignated— ‘‘(D) establishing periodic management
‘‘(iv) representatives from the national (A) in the section heading, by striking training on crisis intervention and such com-
laboratories; and ‘‘CHIEF MEDICAL OFFICER’’ and inserting ‘‘OF- ponent’s psychological health counseling or
‘‘(v) such other individuals as the Assist- FICE OF HEALTH SECURITY’’; assistance program;
ant Secretary determines to be appropriate. (B) by striking subsections (a) and (b) and ‘‘(E) improving any associated existing em-
‘‘(3) RESPONSIBILITIES.— The Advisory inserting the following: ployee peer support programs, including by
Council shall— ‘‘(a) IN GENERAL.—There is established in making additional training and resources
‘‘(A) advise the Assistant Secretary on all the Department an Office of Health Security. available for peer support personnel in the
aspects of countering weapons of mass de- ‘‘(b) HEAD OF OFFICE OF HEALTH SECU- workplace across such component;
struction; RITY.—The Office of Health Security shall be ‘‘(F) developing and implementing a vol-
‘‘(B) incorporate State, local, and Tribal headed by a chief medical officer, who untary alcohol treatment program that in-
government, national laboratories, and pri- shall— cludes a safe harbor for employees who seek
vate sector input in the development of the ‘‘(1) be the Assistant Secretary for Health treatment;
strategy and implementation plan of the De- Security and the Chief Medical Officer of the ‘‘(G) including, when appropriate, collabo-
partment for countering weapons of mass de- Department; rating and partnering with key employee
struction; and ‘‘(2) be a licensed physician possessing a stakeholders and, for those components with
‘‘(C) establish performance criteria for a demonstrated ability in and knowledge of employees with an exclusive representative,
national biological detection system and re- medicine and public health; the exclusive representative with respect to
view the testing protocol for biological de- ‘‘(3) be appointed by the President; and such a program;
tection prototypes. ‘‘(4) report directly to the Secretary.’’; ‘‘(10) in consultation with the Chief Infor-
‘‘(4) CONSULTATION.—To ensure input from (C) in subsection (c)— mation Officer of the Department—
and coordination with State, local, and Trib- (i) in the matter preceding paragraph (1), ‘‘(A) identifying methods and technologies
al governments, the Assistant Secretary by striking ‘‘medical issues related to nat- for managing, updating, and overseeing pa-
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shall regularly consult and work with the ural disasters, acts of terrorism, and other tient records; and
Advisory Council on the administration of man-made disasters’’ and inserting ‘‘over- ‘‘(B) setting standards for technology used
Federal assistance provided by the Depart- sight of all medical, public health, and work- by the components of the Department re-
ment, including with respect to the develop- force health and safety matters of the De- garding the collection, storage, and over-
ment of requirements for countering weap- partment’’; sight of medical records;
ons of mass destruction programs, as appro- (ii) in paragraph (1), by striking ‘‘, the Ad- ‘‘(11) advising the Secretary and the head
priate. ministrator of the Federal Emergency Man- of each component of the Department that
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S5876 CONGRESSIONAL RECORD — SENATE September 29, 2022
delivers direct patient care regarding con- (1) TRANSITION.—The individual appointed ‘‘(2) MEDICAL QUALITY ASSURANCE PRO-
tracts for the delivery of direct patient care, pursuant to section 1931 of the Homeland Se- GRAM.—The term ‘medical quality assurance
other medical services, and medical supplies; curity Act of 2002 (6 U.S.C. 597) of the Depart- program’ means any activity carried out by
‘‘(12) coordinating with the Countering ment of Homeland Security, as in effect on the Department to assess the quality of med-
Weapons of Mass Destruction Office and the day before the date of enactment of this ical care, including activities conducted by
other components of the Department as di- Act, and serving as the Chief Medical Officer individuals, committees, or other review
rected by the Secretary to enhance the abil- of the Department of Homeland Security on bodies responsible for quality assurance, cre-
ity of Federal, State, local, Tribal, and terri- the day before the date of enactment of this dentials, infection control, incident report-
torial governments to prevent, detect, pro- Act, shall continue to serve as the Chief ing, the delivery, advisement, and oversight
tect against, and mitigate the health effects Medical Officer of the Department on and of direct patient care and assessment (in-
of chemical, biological, radiological, and nu- after the date of enactment of this Act with- cluding treatment procedures, blood, drugs,
clear issues; and’’; and out the need for reappointment. and therapeutics), medical records, health
(D) by adding at the end the following: (2) RULE OF CONSTRUCTION.—The rule of resources management review, and identi-
‘‘(d) ASSISTANCE AND AGREEMENTS.—The construction described in section 2(hh) of the fication and prevention of medical, mental
Secretary, acting through the Chief Medical Presidential Appointment Efficiency and health, or dental incidents and risks.
Officer, in support of the medical and public Streamlining Act of 2011 (5 U.S.C. 3132 note) ‘‘(3) MEDICAL QUALITY ASSURANCE RECORD
health activities of the Department, may— shall not apply to the Chief Medical Officer OF THE DEPARTMENT.—The term ‘medical
‘‘(1) provide technical assistance, training, of the Department of Homeland Security, in- quality assurance record of the Department’
and information and distribute funds cluding the incumbent who holds the posi- means all information, including the pro-
through grants and cooperative agreements tion on the day before the date of enactment ceedings, records (including patient records
to State, local, Tribal, and territorial gov- of this Act, and such officer shall be paid that the Department creates and maintains
ernments and nongovernmental organiza- pursuant to section 3132(a)(2) or 5315 of title as part of a system of records), minutes, and
tions; 5, United States Code. reports that—
‘‘(2) enter into other transactions; (3) TRANSFER.—The Secretary of Homeland ‘‘(A) emanate from quality assurance pro-
‘‘(3) enter into agreements with other Fed- Security shall transfer to the Chief Medical gram activities described in paragraph (2);
eral agencies; and Officer of the Department of Homeland Secu- and
‘‘(4) accept services from personnel of com- rity— ‘‘(B) are produced or compiled by the De-
ponents of the Department and other Federal (A) all functions, personnel, budget author- partment as part of a medical quality assur-
agencies on a reimbursable or nonreimburs- ity, and assets of the Under Secretary for ance program.
able basis. Management relating to workforce health ‘‘(b) CONFIDENTIALITY OF RECORDS.—A med-
‘‘(e) OFFICE OF HEALTH SECURITY PRIVACY and safety, as in existence on the day before ical quality assurance record of the Depart-
OFFICER.—There shall be a Privacy Officer in the date of enactment of this Act; ment that is created as part of a medical
the Office of Health Security with primary (B) all functions, personnel, budget author- quality assurance program—
responsibility for privacy policy and compli- ity, and assets of the Assistant Secretary for ‘‘(1) is confidential and privileged; and
ance within the Office, who shall— the Countering Weapons of Mass Destruction ‘‘(2) except as provided in subsection (d),
‘‘(1) report directly to the Chief Medical Office relating to the Chief Medical Officer, may not be disclosed to any person or entity.
Officer; and 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. the Countering Weapons of Mass Destruction and
‘‘(f) ACCOUNTABILITY.— Office associated with the efforts pertaining ‘‘(2) an individual who reviews or creates a
‘‘(1) STRATEGY AND IMPLEMENTATION to the program coordination activities relat- medical quality assurance record of the De-
PLAN.—Not later than 180 days after the date ing to defending the food, agriculture, and partment or who participates in any pro-
of enactment of this section, and every 4 veterinary defenses of the Office, as in exist- ceeding that reviews or creates a medical
years thereafter, the Secretary shall create a ence on the day before the date of enactment quality assurance record of the Department
Departmentwide strategy and implementa- of this Act. may not be permitted or required to testify
tion plan to address health threats. SEC. 5202. MEDICAL COUNTERMEASURES PRO- in any judicial or administrative proceeding
‘‘(2) BRIEFING.—Not later than 90 days after GRAM. with respect to the record or with respect to
the date of enactment of this section, the The Homeland Security Act of 2002 (6 any finding, recommendation, evaluation,
Secretary shall brief the appropriate con- U.S.C. 101 et seq.) is amended by redesig- opinion, or action taken by that individual
gressional committees on the organizational nating section 1932 (6 U.S.C. 597a) as section in connection with the record.
transformations of the Office of Health Secu- 2304 and transferring such section to appear ‘‘(d) AUTHORIZED DISCLOSURE AND TESTI-
rity, including how best practices were used after section 2303, as so redesignated by sec- MONY.—
in the creation of the Office of Health Secu- tion 5201 of this division. ‘‘(1) IN GENERAL.—Subject to paragraph (2),
rity.’’; SEC. 5203. CONFIDENTIALITY OF MEDICAL QUAL- a medical quality assurance record of the De-
(5) by redesignating section 710 (6 U.S.C. ITY ASSURANCE RECORDS. partment may be disclosed, and a person de-
350) as section 2302 and transferring such sec- Title XXIII of the Homeland Security Act scribed in subsection (c)(2) may give testi-
tion to appear after section 2301, as so redes- of 2002, as added by this division, is amended mony in connection with the record, only as
ignated; by adding at the end the following: follows:
(6) in section 2302, as so redesignated— ‘‘SEC. 2305. CONFIDENTIALITY OF MEDICAL ‘‘(A) To a Federal agency or private orga-
(A) in the section heading, by striking QUALITY ASSURANCE RECORDS. nization, if the medical quality assurance
‘‘MEDICAL SUPPORT’’ and inserting ‘‘SAFETY’’; ‘‘(a) DEFINITIONS.—In this section: record of the Department or testimony is
(B) in subsection (a), by striking ‘‘Under ‘‘(1) HEALTH CARE PROVIDER.—The term needed by the Federal agency or private or-
Secretary for Management’’ each place that ‘health care provider’ means an individual ganization to—
term appears and inserting ‘‘Chief Medical who— ‘‘(i) perform licensing or accreditation
Officer’’; and ‘‘(A) is— functions related to Department health care
(C) in subsection (b)— ‘‘(i) an employee of the Department; facilities, a facility affiliated with the De-
(i) in the matter preceding paragraph (1), ‘‘(ii) a detailee to the Department from an- partment, or any other location authorized
by striking ‘‘Under Secretary for Manage- other Federal agency; by the Secretary for the performance of
ment, in coordination with the Chief Medical ‘‘(iii) a personal services contractor of the health care services; or
Officer,’’ and inserting ‘‘Chief Medical Offi- Department; or ‘‘(ii) perform monitoring, required by law,
cer’’; and ‘‘(iv) hired under a contract for services; of Department health care facilities, a facil-
(ii) in paragraph (3), by striking ‘‘as ‘‘(B) performs health care services as part ity affiliated with the Department, or any
deemed appropriate by the Under Sec- of duties of the individual in that capacity; other location authorized by the Secretary
retary,’’; and for the performance of health care services.
(7) by redesignating section 528 (6 U.S.C. ‘‘(C) has a current, valid, and unrestricted ‘‘(B) To an administrative or judicial pro-
321q) as section 2303 and transferring such license or certification— ceeding concerning an adverse action related
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section to appear after section 2302, as so re- ‘‘(i) that is issued by a State, the District to the credentialing of or health care pro-
designated; and of Columbia, or a commonwealth, territory, vided by a present or former health care pro-
(8) in section 2303(a), as so redesignated, by or possession of the United States; and vider by the Department.
striking ‘‘Assistant Secretary for the Coun- ‘‘(ii) that is for the practice of medicine, ‘‘(C) To a governmental board or agency or
tering Weapons of Mass Destruction Office’’ osteopathic medicine, dentistry, nursing, to a professional health care society or orga-
and inserting ‘‘Chief Medical Officer’’. emergency medical services, or another nization, if the medical quality assurance
(b) TRANSITION AND TRANSFERS.— health profession. record of the Department or testimony is
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5877
needed by the board, agency, society, or or- quality assurance record of the Department (4) by redesignating sections 711, 712, and
ganization to perform licensing, shall not be civilly liable for that participa- 713 as sections 710, 711, and 712, respectively;
credentialing, or the monitoring of profes- tion or for providing that information if the (5) in section 1923(d)(3) (6 U.S.C. 592(d)(3))—
sional standards with respect to any health participation or provision of information was (A) in the paragraph heading, by striking
care provider who is or was a health care provided in good faith based on prevailing ‘‘HAWAIIAN NATIVE-SERVING’’ and inserting
provider for the Department. professional standards at the time the med- ‘‘NATIVE HAWAIIAN-SERVING’’; and
‘‘(D) To a hospital, medical center, or ical quality assurance program activity took (B) by striking ‘‘Hawaiian native-serving’’
other institution that provides health care place. and inserting ‘‘ ‘Native Hawaiian-serving’’;
services, if the medical quality assurance ‘‘(i) APPLICATION TO INFORMATION IN CER- (6) by striking the subtitle heading for sub-
record of the Department or testimony is TAIN OTHER RECORDS.—Nothing in this sec- title C of title XIX;
needed by the institution to assess the pro- tion shall be construed as limiting access to (7) in section 2306, as so redesignated by
fessional qualifications of any health care the information in a record created and section 5204 of this division—
provider who is or was a health care provider maintained outside a medical quality assur- (A) by inserting ‘‘PORTABILITY OF LICEN-
for the Department and who has applied for ance program, including the medical record SURE.’’ after ‘‘2306.’’; and
or been granted authority or employment to of a patient, on the grounds that the infor- (B) in subsection (a), by striking ‘‘(a) Not-
provide health care services in or on behalf mation was presented during meetings of a withstanding’’ and inserting the following:
of the institution. review body that are part of a medical qual- ‘‘(a) IN GENERAL.—Notwithstanding’’.
‘‘(E) To an employee, a detailee, or a con- ity assurance program.
tractor of the Department who has a need for ‘‘(j) PENALTY.—Any person who willfully SA 6348. Mr. MENENDEZ (for him-
the medical quality assurance record of the discloses a medical quality assurance record self, Mr. SCHUMER, Mr. BLUMENTHAL,
Department or testimony to perform official of the Department other than as provided in Mrs. GILLIBRAND, Mr. BOOKER, and Mr.
duties or duties within the scope of their this section, knowing that the record is a MURPHY) submitted an amendment in-
contract. medical quality assurance record of the De- tended to be proposed to amendment
‘‘(F) To a criminal or civil law enforce- partment shall be fined not more than $3,000
SA 5499 submitted by Mr. REED (for
ment agency or instrumentality charged in the case of a first offense and not more
under applicable law with the protection of than $20,000 in the case of a subsequent of- himself and Mr. INHOFE) and intended
the public health or safety, if a qualified rep- fense. to be proposed to the bill H.R. 7900, to
resentative of the agency or instrumentality ‘‘(k) RELATIONSHIP TO COAST GUARD.—The authorize appropriations for fiscal year
makes a written request that the medical requirements of this section shall not apply 2023 for military activities of the De-
quality assurance record of the Department to any medical quality assurance record of partment of Defense, for military con-
or testimony be provided for a purpose au- the Department that is created by or for the struction, and for defense activities of
thorized by law. Coast Guard as part of a medical quality as- the Department of Energy, to prescribe
‘‘(G) In an administrative or judicial pro- surance program.’’.
military personnel strengths for such
ceeding commenced by a criminal or civil SEC. 5204. PORTABILITY OF LICENSURE.
law enforcement agency or instrumentality fiscal year, and for other purposes;
(a) TRANSFER.—Section 16005 of the CARES
described in subparagraph (F), but only with Act (6 U.S.C. 320 note) is redesignated as sec- which was ordered to lie on the table;
respect to the subject of the proceeding. tion 2306 of the Homeland Security Act of as follows:
‘‘(2) PERSONALLY IDENTIFIABLE INFORMA- 2002 and transferred so as to appear after sec- At the appropriate place, insert the fol-
TION.— tion 2305, as added by section 5203 of this di- lowing:
‘‘(A) IN GENERAL.—With the exception of vision. SEC. lllll. FAIRNESS FOR 9/11 FAMILIES.
the subject of a quality assurance action, (b) REPEAL.—Section 2306 of the Homeland (a) IN GENERAL.—Section 404(d)(4)(C) of the
personally identifiable information of any Security Act of 2002, as so redesignated by Justice for United States Victims of State
person receiving health care services from subsection (a), is amended by striking sub- Sponsored Terrorism Act (34 U.S.C.
the Department or of any other person asso- section (c). 20144(d)(4)(C)) is amended by adding at the
ciated with the Department for purposes of a SEC. 5205. TECHNICAL AND CONFORMING end the following:
medical quality assurance program that is AMENDMENTS. ‘‘(iv) AUTHORIZATION.—
disclosed in a medical quality assurance The Homeland Security Act of 2002 (6 ‘‘(I) IN GENERAL.—The Special Master shall
record of the Department shall be deleted U.S.C. 101 et seq.) is amended— authorize lump sum catch-up payments in
from that record before any disclosure of the (1) in the table of contents in section 1(b) amounts equal to the amounts described in
record is made outside the Department. (Public Law 107–296; 116 Stat. 2135)— subclauses (I), (II), and (III) of clause (iii).
‘‘(B) APPLICATION.—The requirement under (A) by striking the items relating to sec- ‘‘(II) APPROPRIATIONS.—
subparagraph (A) shall not apply to the re- tions 528 and 529 and inserting the following: ‘‘(aa) IN GENERAL.—There are authorized to
lease of information that is permissible ‘‘Sec. 528. Transfer of equipment during a be appropriated and there are appropriated
under section 552a of title 5, United States public health emergency.’’; to the Fund such sums as are necessary to
Code (commonly known as the ‘Privacy Act (B) by striking the items relating to sec- carry out this clause, to remain available
of 1974’). tions 710, 711, 712, and 713 and inserting the until expended.
‘‘(e) DISCLOSURE FOR CERTAIN PURPOSES.— ‘‘(bb) LIMITATION.—Amounts appropriated
following:
Nothing in this section shall be construed— pursuant to item (aa) may not be used for a
‘‘(1) to authorize or require the with- ‘‘Sec. 710. Employee engagement.
purpose other than to make lump sum catch-
holding from any person or entity aggregate ‘‘Sec. 711. Annual employee award program.
up payments under this clause.’’.
statistical information regarding the results ‘‘Sec. 712. Acquisition professional career (b) EMERGENCY DESIGNATION.—
of medical quality assurance programs; or program.’’; (1) IN GENERAL.—The amounts provided
‘‘(2) to authorize the withholding of any (C) by inserting after the item relating to under the amendments made by subsection
medical quality assurance record of the De- section 1928 the following: (a) are designated as an emergency require-
partment from a committee of either House ‘‘Sec. 1929. Accountability.’’; ment pursuant to section 4(g) of the Statu-
of Congress, any joint committee of Con- (D) by striking the items relating to sub- tory Pay-As-You-Go Act of 2010 (2 U.S.C.
gress, or the Comptroller General of the title C of title XIX and sections 1931 and 1932; 933(g)).
United States if the record pertains to any and (2) DESIGNATION IN THE SENATE AND THE
matter within their respective jurisdictions. (E) by adding at the end the following: HOUSE.—The amendments made by sub-
‘‘(f) PROHIBITION ON DISCLOSURE OF INFOR- ‘‘TITLE XXIII—OFFICE OF HEALTH section (a) are designated as an emergency
MATION, RECORD, OR TESTIMONY.—A person or SECURITY requirement pursuant to subsections (a) and
entity having possession of or access to a (b) of section 4001 of S. Con. Res. 14 (117th
medical quality assurance record of the De- ‘‘Sec. 2301. Office of Health Security.
‘‘Sec. 2302. Workforce health and safety. Congress), the concurrent resolution on the
partment or testimony described in this sec- budget for fiscal year 2022.
tion may not disclose the contents of the ‘‘Sec. 2303. Coordination of Department of
Homeland Security efforts re- (c) RESCISSION.—Of the unobligated bal-
record or testimony in any manner or for ances of amounts made available under the
any purpose except as provided in this sec- lated to food, agriculture, and
veterinary defense against ter- heading ‘‘Small Business Administration—
tion. Business Loans Program Account, CARES
‘‘(g) EXEMPTION FROM FREEDOM OF INFOR- rorism.
‘‘Sec. 2304. Medical countermeasures. Act’’, for carrying out paragraphs (36) and
MATION ACT.—A medical quality assurance
‘‘Sec. 2305. Confidentiality of medical qual- (37) of section 7(a) of the Small Business Act
record of the Department shall be exempt
dlhill on DSK120RN23PROD with SENATE
ity assurance records. (15 U.S.C. 636(a)), $2,982,000,000 are hereby re-
from disclosure under section 552(b)(3) of
‘‘Sec. 2306. Portability of licensure.’’; scinded.
title 5, United States Code (commonly
known as the ‘Freedom of Information Act’). (2) by redesignating section 529 (6 U.S.C.
‘‘(h) LIMITATION ON CIVIL LIABILITY.—A per- 321r) as section 528; SA 6349. Mr. CASEY (for himself and
son who participates in the review or cre- (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by Mr. CASSIDY) submitted an amendment
ation of, or provides information to a person striking ‘‘section 711(a)’’ and inserting ‘‘sec- intended to be proposed to amendment
or body that reviews or creates, a medical tion 710(a))’’; SA 5499 submitted by Mr. REED (for
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