Offices of Countering Weapons of Mass Destruction and Health Security Act of 2022: Senate Report 117-276
Summary
Senate Report 117-276, Calendar No. 675, of the 117th Congress, 2d Session, dated December 19, 2022, from the Committee on Homeland Security and Governmental Affairs on S. 4465, the Offices of Countering Weapons of Mass Destruction and Health Security Act of 2022. The bill would establish a Countering Weapons of Mass Destruction Office and an Office of Health Security in the Department of Homeland Security. The committee roster lists Gary C. Peters as Chairman. Closing text in a changes-to-law section covers a provision applying during the incident period of the emergency declared by the President on March 13, 2020 under section 501(b) of the Stafford Act.
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“Offices of Countering Weapons of Mass Destruction and Health Security Act of 2022: Senate Report 117-276.”
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1
Calendar No. 675
117TH CONGRESS REPORT
" SENATE !
2d Session 117–276
OFFICES OF COUNTERING WEAPONS OF
MASS DESTRUCTION AND HEALTH
SECURITY ACT OF 2022
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 4465
TO ESTABLISH A COUNTERING WEAPONS OF MASS
DESTRUCTION OFFICE AND AN OFFICE OF HEALTH SECURITY
IN THE DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER
PURPOSES
DECEMBER 19, 2022.—Ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
39–010 WASHINGTON : 2023
E:\Seals\Congress.#13
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
DAVID M. WEINBERG, Staff Director
ZACHARY I. SCHRAM, Chief Counsel
CHRISTOPHER J. MULKINS, Director of Homeland Security
NAVEED JAZAYERI, Senior Professional Staff Member
PAMELA THIESSEN, Minority Staff Director
SAM J. MULOPULOS, Minority Deputy Staff Director
CLYDE E. HICKS JR., Minority Director of Homeland Security
LAURA W. KILBRIDE, Chief Clerk
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(II)
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Calendar No. 675
117TH CONGRESS REPORT
" SENATE !
2d Session 117–276
OFFICES OF COUNTERING WEAPONS OF MASS
DESTRUCTION AND HEALTH SECURITY ACT OF 2022
DECEMBER 19, 2022.—Ordered to be printed
Mr. PETERS, from the Committee on Homeland Security and
Governmental Affairs, submitted the following
R E P O R T
[To accompany S. 4465]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental Affairs,
to which was referred the bill (S. 4465), to establish a Countering
Weapons of Mass Destruction Office and an Office of Health Secu-
rity in the Department of Homeland Security, and for other pur-
poses, having considered the same, reports favorably thereon with
an amendment, in the nature of a substitute, and recommend that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary .................................................................................. 1
II. Background and Need for the Legislation ................................................... 2
III. Legislative History ......................................................................................... 5
IV. Section-by-Section Analysis of the Bill, as Reported .................................. 5
V. Evaluation of Regulatory Impact .................................................................. 7
VI. Congressional Budget Office Cost Estimate ................................................ 8
VII. Changes in Existing Law Made by the Bill, as Reported ........................... 10
I. PURPOSE AND SUMMARY
S. 4465, the Offices of Countering Weapons of Mass Destruction
and Health Security Act of 2022, re-authorizes the Countering
Weapons of Mass Destruction (CWMD) office and authorizes the
newly created Office of Health Security (OHS) within the Depart-
ment of Homeland Security (DHS). The bill better defines the
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CWMD office’s responsibilities, including coordination with DHS
components and state, local, tribal, and territorial entities. The leg-
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2
islation further details specific chemical and biological, and nuclear
and radiological responsibilities that the office should perform. The
bill authorizes the newly formed OHS and lays out the responsibil-
ities of the new office. OHS shall be headed by the Chief Medical
Officer that will also be a dual appointment as the Assistant Sec-
retary for Health Security. Finally, the bill includes a number of
accountability and oversight measures for both the CWMD office
and OHS.
II. BACKGROUND AND NEED FOR THE LEGISLATION
Chemical, biological, radiological, and nuclear (CBRN) weapons
have the potential to cause mass causalities and disruption to soci-
ety. Technological advances combined with the nefarious intent of
various groups have increased the risk of CBRN weapons being
used against the homeland of the United States. Furthermore, re-
cent examples of CBRN agent use demonstrate the need for an in-
creased ability to prevent, detect, and respond to these weapons.
CWMD is a national security priority that requires engagement at
all levels of government from the federal government to state, trib-
al, territory, and local entities.
Chemical weapons have been used in the past decade in assas-
sination attempts and on civilian populations. For instance, the
Assad regime in Syria released the nerve agent sarin on its own
people, killing more than 1,400 individuals, many of them chil-
dren.1 In 2018, it was determined by the Organization for the Pro-
hibition of Chemical Weapons that Russia was responsible for
using a chemical weapon, an advanced nerve agent, in an assas-
sination attempt in the United Kingdom.2 In addition, the United
States determined that the government of North Korea was respon-
sible for the lethal 2017 nerve agent attack on Kim Jong Nam, the
half-brother of North Korean leader Kim Jong-un, in Malaysia.
These chemical weapon attacks show a growing trend in use by
state and non-state actors.
The United States also faces naturally occurring, accidental, and
man-made biological threats. Biological weapons are any number of
disease-causing agents such as bacteria, viruses, or toxins that can
be used as weapons against humans, plants or animals. In Oregon
in 1984, the Rajneeshees, a religious cult, used Salmonella to poi-
son 751 people immediately before an election to prevent people
from voting.3 Public concern over biological terrorism reached
greater heights in 2001, when a week after the 9/11 attacks, weap-
ons grade anthrax was mailed to two Democratic Senators and sev-
eral news media organizations.4 These attacks (also referred to as
Amerithrax) ended up killing 5 people and injuring an additional
1 United States Department of State, Syria: Either Anniversary of the Ghouta Chemical Weap-
ons Attack, Syria: Eighth Anniversary of the Ghouta Chemical Weapons Attack—United States
Department of State (Aug. 2021).
2 Organization for the Prohibition of Chemical Weapons, Statement By H.E. Ambassador Jo-
seph Manso.
Permanent Representative of the United States of America to the OPCW at The Ninety-Sixth
Session Of The Executive Council (Mar. 2021).
3 TJ Torok, et al., A Large Community Outbreak of Salmonellosis Caused by Intentional Con-
tamination of Restaurant Salad Bars, Journal of the American Medical Association 278(5): 389–
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395 (Aug. 1997).
4 David A. Rasko, et al, Bacilllus anthracis comparative genome analysis in support of the
Amerithrax investigation, Proceedings of the National Academy of Science 108(12): 5027–5032
(Mar. 2011).
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17 and showed that infectious agents can be misused to inten-
tionally harm individuals.5 Estimates for costs to decontaminate
the facilities infected during Amerithrax range from $320 million
to nearly $800 million.6 The threat of bioterrorism still remains
today and there is concern that in addition to terrorist groups de-
veloping biological weapons in isolation, they may receive help from
states with suspected biological weapons programs.7
The current war in Ukraine highlights nuclear and radiological
threats. Recent security threats have raised concerns that radio-
active materials could be stolen and used in a United States do-
mestic attack and according to Nuclear Regulatory Commission of-
ficials, there exists a general credible threat on the malevolent use
of radioactive materials in the United States.8 The International
Atomic Energy Agency reported 3,068 unauthorized activities and
events worldwide involving nuclear and radioactive material from
1993 to 2016, including incidents of trafficking and malicious use.
For example, in April 2019, a technician was arrested after stealing
three radioactive devices from his workplace in Arizona. According
to a court filing, the technician intended to release the radioactive
materials at a shopping mall, but local police and the Federal Bu-
reau of Investigation (FBI) arrested him before he could do so.9
The Offices of Countering Weapons of Mass Destruction and
Health Security Act of 2022 better defines the CWMD office respon-
sibilities including coordination with DHS components and state,
local, tribal, and territorial entities. The office’s updated respon-
sibilities would include providing expert guidance and advice on
CBRN and other related emerging threats issues across the depart-
ment. In addition, the office is responsible for coordinating with
DHS components on the development of policies and strategies,
providing intelligence and information analysis, assessing risks,
and funding research and development activities. Furthermore, the
office will lead development and prioritization of the requirements
to CWMD as well as conduct testing to ensure that technologies
meet the requirements. The office will also support and enhance in-
formation sharing with various stakeholders (i.e. law enforcement,
state, local, tribal and territorial governments) to ensure they are
better informed of information on chemical, biological, radiological,
nuclear, and other related emerging threats. The legislation further
details specific chemical and biological responsibilities that the of-
fice should perform that was seen as a gap in the original author-
ization.
The bill also expands the oversight of the CWMD office by Con-
gress and independent entities. For instance, the Department is
tasked with producing and regularly updating a Departmentwide
5 Id.
6 Ketra Chmitt and Nicolas A. Zacchia, Total Decontamination Cost of the Anthrax Letter At-
tacks. Biosecurity and Bioterrorism: Biodefense Strategy, Practice, and Science 10(1) (2012). Nu-
clear Threat Initiative, Anthrax Postal Cleanup Cost $800 million, Experts Say (www.nti.org/
gsn/article/anthrax-postal-cleanup-cost-800-million-experts-say/) (accessed Oct. 11, 2019).
7 Gregory B. Knudson, Nuclear, Biological, and Chemical Training in the U.S. Army Reserves:
Mitigating Psychological Consequences of Weapons of Mass Destruction, Military Medicine 166
Suppl. 2:63 (2001). Manfred S. Green, et al., Confronting the threat of bioterrorism: realistic,
challenges, and defensive strategies, The Lancet Infectious Diseases 19(1): e2–e13 (Jan. 2019).
8 Government Accountability Office, Combating Nuclear Terrorism: NRC Needs to Take Addi-
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tional Actions to Ensure the Security of High-Risk Radioactive Material (GAO–19–468) (Apr.
2019) https://www.gao.gov/assets/gao-22-105498.pdf.
9 Government Accountability Office, Securing of Radioactive Materials (GAO–22–105498) (Apr.
2022) https://www.gao.gov/assets/gao-22-105498.pdf.
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4
strategy to counter weapons of mass destruction and chemical, bio-
logical, radiological, nuclear, and other related emerging threats
that will be reported to Congress. In addition, the bill requires that
the CWMD office produce a strategy and implementation plan to
continue improving employee morale. The legislation also requires
that GAO conduct an assessment of several aspects of the CWMD
office. An advisory committee is established to help advise the lead-
ership of the CWMD office.
In response to Congressional concern over the status of aero-
solized environmental biological detection performed by DHS there
is a requirement for a Department-wide Biodefense review and
strategy. Biological detection at DHS includes BioWatch, a program
established in 2003 to provide early identification of an aerosolized
biological weapons attack. DHS also has an effort called Biological
Detection for the 21st Century (BD21) with the goal to create a
new early identification system that reduces the overall time of
threat identification. The legislation also requires the National
Academies of Sciences, Engineering, and Medicine to issue a report
focused on how to improve biosurveillance. The intent of the re-
view, strategy, and report by National Academies of Sciences, Engi-
neering, and Medicine is for DHS to focus on the best way the De-
partment can mitigate the risk of a biological attack on the home-
land. This could include aerosol biological detection or other means
of biosurveillance such as waste water epidemiology, symptom
search trends, or other innovative mechanisms to gather informa-
tion to better determine if there has been a biological attack. The
legislation leaves the flexibility for DHS to discontinue the
Biowatch program and/or BD21 if it is determined there is a more
effective mechanism that DHS could use to help reduce the impact
of a biological terrorism attack.
The bill also authorizes the newly formed OHS and lays out the
responsibilities of the new office. The new OHS was created on
July 18, 2022 through the Homeland Security Act’s section 872 au-
thority to reorganize the mission of the Chief Medical Officer from
the CWMD office to report to the Secretary of DHS.10 OHS was es-
tablished to make improvements to the operating structure with re-
gards to health and safety of Department personnel and addressing
medical and public health issues across the DHS enterprise. The
new office is headed by the Chief Medical Officer that will also be
dual appointment as the Assistant Secretary for Health Security
and the legislation details the qualifications for the position. The
office shall support medical, public health, and employee safety ac-
tivities of the Department. In addition, the legislation includes re-
sponsibilities related to psychological health counseling and assist-
ance programs of the Department. The bill lays out the authority
granted to other Departments with regards to confidentiality of
medical records which protects medical records from disclosure in
order to enable rapid identification of health issues, identify best
practices, and develop new training. The legislation also provides
portability of licensure for medical professionals working for DHS
so they can practice in different locations without requiring a med-
ical license in each state. This allows DHS to adopt agile telehealth
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10 Section 872 of the Homeland Security Act of 2002 gives the Secretary of the Department
of Homeland Security (DHS) the authority to reorganize functions and organizational units
within DHS, subject to specified limits.
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5
services and have the capability to increase medical care in remote
and isolated areas. To help ensure proper Congressional oversight,
the legislation requires that OHS write a Departmentwide strategy
and implementation plan to address health threats and provided a
briefing to relevant congressional committees on the organizational
transformations of OHS.
III. LEGISLATIVE HISTORY
Chairman Gary Peters (D–MI) and Ranking Member Portman
(R–OH) introduced S. 4465, the Offices of Countering Weapons of
Mass Destruction and Health Security Act of 2022, on June 23,
2022. The bill was referred to the Senate Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 4465 at a business meeting on Au-
gust 3, 2022. During the business meeting, a modified substitute
amendment was offered by Chairman Peters and Ranking Member
Portman. The modified amendment adds accountability measures
into the authorization of OHS including a strategy, implementation
plan, and a briefing on the reorganization of the office to ensure
they are following best practices. The amendment also includes ex-
panded the responsibilities of the Office of Health Security to in-
clude psychological health counseling and assistance programs for
the Department. In addition, this amendment includes the require-
ment for the CWMD office to perform a review of the Department-
wide biodefense activities and develop a strategy and implementa-
tion plan. This amendment also ensures consistent use of termi-
nology to describe the different weapons of mass destruction
throughout the legislation. The modified substitute amendment
was adopted by voice vote en bloc.
The bill, as amended by the Peters-Portman modified substitute
amendment, was ordered reported favorably by voice vote en bloc.
Senators present for the vote on the bill were: Peters, Hassan,
Sinema, Rosen, Padilla, Ossoff, Lankford, Romney, Scott, and
Hawley.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title, table of contents
Subsection (a) designates the name of the bill as the ‘‘Offices of
Countering Weapons of Mass Destruction and Health Security Act
of 2022.’’
Subsection (b) provides the table of contents for the bill.
TITLE I—COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Section 101. Countering weapons of mass destruction office
This section reauthorizes the CWMD office at DHS, and outlines
how the bill would amend the Homeland Security Act of 2002. This
section adds language to the Homeland Security Act detailing the
mission of the CWMD office to coordinate efforts across DHS to
counter weapons of mass destruction as well as chemical, biologi-
cal, radiological, nuclear, and other related emerging threats. The
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mission of the office also includes enhancing the ability of every
level of government to prevent, detect, and protect against attacks
using these threats. The legislation also clarifies the CWMD office’s
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responsibilities to include providing expertise and guidance to De-
partment leadership; identifying, assessing, and prioritizing any
gaps that DHS has in regards to weapons of mass destruction; and
lead the development and prioritization of Department require-
ments to CWMD.
The section states how DHS should work with different DHS
components. For instance, the CWMD office will work with the Of-
fice for Strategy, Policy and Plans to lead the development of poli-
cies and strategies to CWMD. In addition, the CWMD office will
work with the DHS Office of Intelligence and Analysis to provide
intelligence and information analysis on weapons of mass destruc-
tion. Furthermore, the CWMD office will work with the Science
and Technology Directorate to assess risks from weapons of mass
destruction and direct, fund, and coordinate capability development
activities including the ability to detect and report these type of
threats. The legislation calls for the CWMD office to consult with
other federal agencies as well as state, local, tribal, and territorial
governments.
The legislation includes an accountability section that requires
DHS to produce a Departmentwide strategy for chemical, biologi-
cal, radiological, nuclear, and other related threats, as well as a
Departmentwide review and strategy specifically focused on bio-
defense. The CWMD office also is required to conduct a review of
the employee morale and brief the appropriate congressional com-
mittees on the findings. The legislation also includes a study by the
National Academies of Sciences, Engineering, and Medicine to per-
form a consensus study on the role of DHS in preparing, detecting,
and responding to biological threats, and recommendations to im-
prove biosurveillance efforts. An advisory council is also authorized
to advise on aspects of countering weapons of mass destruction.
Section 102. Rule of construction
This section states that no amendments made in this title shall
be construed to affect or diminish the responsibilities of the Under
Secretary for Science and Technology.
TITLE II—OFFICE OF HEALTH SECURITY
Section 201. Office of Health Security
This section establishes the OHS within DHS. OHS is to be
headed by the Assistant Secretary for Health Security and the
Chief Medical Officer of the Department, whose responsibilities and
qualifications this section provides. Responsibilities of the office in-
clude overseeing medical and public health activities of the Depart-
ment and advising on the collection, storage and oversight of med-
ical records. The OHS office shall advise the heads of DHS compo-
nents that deliver direct patient care on the recruitment and ap-
pointment of chief medical officers as well as psychological health
counseling. OHS is responsible for a strategy and implementation
plan to address health threats and a briefing to appropriate con-
gressional committees on the creation of the office.
Section 202. Medical countermeasures program
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This section updates the relevant section numbers the Homeland
Security Act of 2002.
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Section 203. Confidentiality of medical quality assurance records
This section adds new definitions for ‘‘health care provider,’’
‘‘medical quality assurance program,’’ and ‘‘medical quality assur-
ance record of the Department’’ to Title XXIII of the Homeland Se-
curity Act of 2002, as added by this legislation. It also regulates
disclosure and testimony regarding a medical quality assurance
program. This legislation to gain confidentiality of medical quality
and assurance records is similar to other Federal government agen-
cies that provide medical care. This legislation provides authority
safeguards while protecting medical quality information which can
be used as a learning system to: (1) Enable rapid identification of
health care issues; (2) Identify best practices and implementation
of corrective actions; (3) Develop new training curricula; and (4) As-
sist in the timely detection of emerging threats. Privilege and con-
fidential protections are a health care industry standard for med-
ical quality and assurance records.
Section 204. Portability of licensure
This section re-designates section 16005 of the Coronavirus Aid,
Relief, and Economic Security (CARES) CARES Act as section 2306
of the Homeland Security Act of 2002. Portability of licensure is the
ability for health-care personnel to legally provide care across state
boundaries without requiring multiple state medical licenses, is
critical to appropriate oversight and provision of care. DHS’s tem-
porary authority for portability of licensure, as outlined in Section
16005 of the CARES Act, will expire when the Secretary of the De-
partment of Health and Human Services (HHS) declares an end to
the COVID–19 pandemic. This legislation extends the language in
the CARES act for after the COVID–19 pandemic.
Section 205. Technical and conforming amendments
This section contains technical and conforming amendments to
the Homeland Security Act of 2002.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule XXVI of
the Standing Rules of the Senate, the Committee has considered
the regulatory impact of this bill and determined that the bill will
have no regulatory impact within the meaning of the rules. The
Committee agrees with the Congressional Budget Office’s state-
ment that the bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act
(UMRA) and would impose no costs on state, local, or tribal govern-
ments.
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VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, November 9, 2022.
Hon. GARY C. PETERS,
Chairman, Committee on Homeland Security and Governmental Af-
fairs, U.S. Senate, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
pared the enclosed cost estimate for S. 4465, the Offices of Coun-
tering Weapons of Mass Destruction and Health Security Act of
2022.
If you wish further details on this estimate, we will be pleased
to provide them. The CBO staff contact is Jeremy Crimm.
Sincerely,
PHILLIP L. SWAGEL,
Director.
Enclosure.
The bill would
• Permanently reauthorize the Department of Homeland Se-
curity’s (DHS) Countering Weapons of Mass Destruction Office
(CWMD)
• Create an Office of Health Security (OHS), responsible for
all of DHS’s medical and public health activities, within the
Office of the Secretary
• Protect any medical record created by DHS from disclo-
sure, with certain exceptions, and create new penalties for vio-
lating the confidentiality of such a record
• Require new reports from CWMD and the Government Ac-
countability Office
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Estimated budgetary effects would mainly stem from:
• Administrative costs associated with reauthorizing CWMD
and complying with new reporting requirements
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9
• Administrative costs for OHS
• Revenues from penalties resulting in the unlawful disclo-
sure of medical records
Bill Summary: S. 4465 would permanently reauthorize the Coun-
tering Weapons of Mass Destruction Office (CWMD) within the De-
partment of Homeland Security (DHS). CWMD leads DHS’s efforts
to prevent the use of chemical, biological, radiological, or nuclear
weapons, and promotes readiness against such attacks by coordi-
nating with federal, state, local, tribal, and territorial governments,
as well as the private sector. Under current law, CWMD’s author-
ization expires on December 21, 2023.
S. 4465 also would create an Office of Health Security (OHS)
within the Office of the Secretary. The office would be responsible
for all of DHS’s medical and public health activities, including food,
agriculture, and veterinary defense, and workforce health and safe-
ty, transferring these functions from component units. The bill also
would protect any medical record created by DHS from disclosure,
with certain exceptions, and create new fines for any individual
who willfully discloses such a record.
S. 4465 would create additional reporting requirements, includ-
ing a study from the National Academies of Sciences, Engineering
and Medicine on DHS’s role in preparing for biological and health
security threats and a Government Accountability Office review of
CWMD’s efforts and effectiveness.
Estimated Federal cost: The estimated budgetary effect of S.
4465 is shown in Table 1. The costs of the legislation fall within
budget function 750 (administration of justice).
TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 4465
By fiscal year, millions of dollars—
2023–
2023 2024 2025 2026 2027 2027
Office of Countering Weapons of Mass Destruction:
Estimated Authorization ................................................................ 2 304 413 440 450 1,609
Estimated Outlays ......................................................................... 2 40 137 253 339 771
Office of Health Security:
Estimated Authorization ................................................................ 0 16 24 25 25 90
Estimated Outlays ......................................................................... 0 11 19 23 25 79
Total Changes:
Estimated Authorization ................................................................ 2 320 437 464 475 1,699
Estimated Outlays ......................................................................... 2 52 156 276 364 850
Components may not sum to totals because of rounding.
CBO estimates that enacting S. 4465 would increase revenues by less than $500,000 over the 2023–2032 period.
Basis of estimate: For this estimate, CBO assumes that the bill
will be enacted near the end of calendar year 2022 and that the
estimated amounts will be provided for each year.
Spending subject to appropriation: CBO estimates that imple-
menting S. 4465 would require appropriations totaling $1.7 billion
over the 2023–2027 period. Assuming appropriation of those
amounts, CBO estimates that the bill would cost $850 million over
the same period.
Office of Countering Weapons of Mass Destruction: The Congress
appropriated $386 million for CWMD in 2022. That includes fund-
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ing for operations and support, procurement and maintenance of
chemical, biological and radiological detection equipment, research
and development, and assistance to state, local, tribal, and terri-
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10
torial governments. Adjusting that amount for annual inflation, the
transfer of funds to OHS, and CWMD’s current authorization
through December 2023, CBO estimates this provision would au-
thorize the appropriation of $1.6 billion over the 2023–2027 period.
In addition, based on the costs of similar reports, CBO estimates
that implementing the reporting requirements in S. 4465 would
cost $3 million over 2023–2027 period. In total, CBO estimates that
CWMD would incur $771 million in additional costs over the 2023–
2027 period. Such spending would be subject to the appropriation
of the estimated amounts.
Office of Health Security: Based on information from DHS, CBO
assumes that the department already carries out the activities re-
quired of OHS under the bill and that S. 4465 would consolidate
those efforts into a new office. Using information from CWMD,
CBO estimates implementing S. 4465 would require the agency to
transfer 35 existing staff and $21 million (the amount allocated for
those activities in 2022) to the new Office of Health Security. The
new office would include DHS’s current work and activities on food
and agriculture security, and veterinary defense. CBO estimates
that OHS would continue to incur costs for those activities, with an
increase each year to account for expected inflation. CBO estimates
that OHS would cost $79 million over the 2023–2027 period; such
spending would be subject to the availability of appropriated funds.
Revenues: S. 4465 would create a new $3,000 fine for anyone
who willfully discloses a DHS medical record. The fine for subse-
quent offenses would increase to $20,000 per violation. Any pen-
alties would be transferred to the Treasury and could not be spent
by DHS without further appropriation. Using information from
DHS, CBO expects there to be a small number of violations. As
such, CBO estimates that enacting S. 4465 would increase reve-
nues by an insignificant amount each year and in total over the
2023–2032 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act
of 2010 establishes budget-reporting and enforcement procedures
for legislation affecting direct spending or revenues. CBO estimates
that enacting S. 4465 would increase revenues by less than
$500,000 over the 2023–2032 period.
Increase in long-term deficits: None.
Mandates: None.
Estimate prepared by: Federal Costs: Jeremy Crimm; Mandates:
Fiona Forrester.
Estimate reviewed by: Justin Humphrey, Chief, Finance, Hous-
ing, and Education Cost Estimates Unit, Kathleen FitzGerald,
Chief, Public and Private Mandates Unit; Leo Lex, Deputy Director
of Budget Analysis; Theresa Gullo, Director of Budget Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill, as
reported, are shown as follows: (existing law proposed to be omitted
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is enclosed in brackets, new matter is printed in italic, and existing
law in which no change is proposed is shown in roman):
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11
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Homeland Secu-
rity Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE V—NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
øSec. 528. Coordination of Department of Homeland Security efforts related to food,
agriculture, and veterinary defense against terrorism.¿
øSec. 529. Transfer of equipment during a public health emergency.¿
Sec. 528. Transfer of equipment during a public health emergency.
* * * * * * *
TITLE VII—MANAGEMENT
* * * * * * *
øSec. 710. Workforce health and medical support.¿
øSec. 711. Employee engagement.¿
øSec. 712. Annual employee award program.¿
øSec. 713. Acquisition professional career program.¿
Sec. 710. Employee engagement.
Sec. 711. Annual employee award program.
Sec. 712. Acquisition professional career program.
* * * * * * *
TITLE XIX—COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
* * * * * * *
SUBTITLE B—MISSION OF THE OFFICE
* * * * * * *
Sec. 1928. Securing the Cities program.
Sec. 1929. Accountability.
øSUBTITLE C—CHIEF MEDICAL OFFICER¿
øSec. 1931. Chief Medical Officer.¿
øSec. 1932. Medical countermeasures.¿
* * * * * * *
TITLE XXIII—OFFICE OF HEALTH SECURITY
Sec. 2301. Office of Health Security.
Sec. 2302. Workforce health and ƒmedical support≈ safety.
Sec. 2303. Coordination of Department of Homeland Security efforts related to food,
agriculture, and veterinary defense against terrorism.
Sec. 2304. Medical countermeasures program.
Sec. 2305. Confidentiality of medical quality assurance records.
Sec. 2306. Portability of licensure.
TITLE I—DEPARTMENT OF HOMELAND
SECURITY
* * * * * * *
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SEC. 103. OTHER OFFICERS.
(a) DEPUTY SECRETARY; UNDER SECRETARIES.—
(1)* * *
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12
(2) ASSISTANT SECRETARIES.—If any of the Assistant Secre-
taries referred to under paragraph (1)(I) is designated to be
øthe Assistant Secretary for Health Affairs,¿ the Assistant Sec-
retary for Legislative øAffairs, or¿ Affairs or the Assistant Sec-
retary for Public Affairs, that Assistant Secretary shall be ap-
pointed by the President without the advice and consent of the
Senate.
(b)* * *
(d) OTHER OFFICERS.—To assist the Secretary in the performance
of the Secretary’s functions, there are the following officers, ap-
pointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil Liberties.
(4) An Assistant Secretary for the Countering Weapons of
Mass Destruction Office.
(5) Any Director of a Joint Task Force under section 708.
(6) A Chief Medical Officer.
* * * * * * *
TITLE V—NATIONAL EMERGENCY
MANAGEMENT
* * * * * * *
øSEC. 528. COORDINATION OF DEPARTMENT OF HOMELAND SECURITY
EFFORTS RELATED TO FOOD, AGRICULTURE, AND VET-
ERINARY DEFENSE AGAINST TERRORISM.
ø(a) PROGRAM REQUIRED.—The Secretary, acting through the As-
sistant Secretary for the Countering Weapons of Mass Destruction
Office, shall carry out a program to coordinate the Department’s ef-
forts related to defending the food, agriculture, and veterinary sys-
tems of the United States against terrorism and other high-con-
sequence events that pose a high risk to homeland security.
ø(b) PROGRAM ELEMENTS.—The coordination program required
by subsection (a) shall include, at a minimum, the following:
ø(1) Providing oversight and management of the Depart-
ment’s responsibilities pursuant to Homeland Security Presi-
dential Directive 9—Defense of United States Agriculture and
Food.
ø(2) Providing oversight and integration of the Department’s
activities related to veterinary public health, food defense, and
agricultural security.
ø(3) Leading the Department’s policy initiatives relating to
food, animal, and agricultural incidents, and the impact of
such incidents on animal and public health.
ø(4) Leading the Department’s policy initiatives relating to
overall domestic preparedness for and collective response to ag-
ricultural terrorism.
ø(5) Coordinating with other Department components, in-
cluding U.S. Customs and Border Protection, as appropriate,
on activities related to food and agriculture security and
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screening procedures for domestic and imported products.
ø(6) Coordinating with appropriate Federal departments and
agencies.
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13
ø(7) Other activities as determined necessary by the Sec-
retary.
ø(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed as altering or superseding the authority of the Secretary
of Agriculture or the Secretary of Health and Human Services.
øSEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH
EMERGENCY.
(a) AUTHORIZATION OF TRANSFER OF EQUIPMENT.—During a pub-
lic health emergency declared by the Secretary of Health and
Human Services under section 319(a) of the Public Health Service
Act (42 U.S.C. 247d(a)), the Secretary, at the request of the Sec-
retary of Health and Human Services, may transfer to the Depart-
ment of Health and Human Services, on a reimbursable basis, ex-
cess personal protective equipment or medically necessary equip-
ment in the possession of the Department.
ø(b) DETERMINATION BY SECRETARIES.—
ø(1) IN GENERAL.—In carrying out this section—
ø(A) before requesting a transfer under subsection (a),
the Secretary of Health and Human Services shall deter-
mine whether the personal protective equipment or medi-
cally necessary equipment is otherwise available; and
ø(B) before initiating a transfer under subsection (a), the
Secretary, in consultation with the heads of each compo-
nent within the Department, shall—
ø(i) determine whether the personal protective
equipment or medically necessary equipment re-
quested to be transferred under subsection (a) is ex-
cess equipment; and
ø(ii) certify that the transfer of the personal protec-
tive equipment or medically necessary equipment will
not adversely impact the health or safety of officers,
employees, or contractors of the Department.
ø(2) NOTIFICATION.—The Secretary of Health and Human
Services and the Secretary shall each submit to Congress a no-
tification explaining the determination made under subpara-
graphs (A) and (B), respectively, of paragraph (1).
ø(3) REQUIRED INVENTORY.—
ø(A) IN GENERAL.—The Secretary shall—
ø(i) acting through the Chief Medical Officer of the
Department, maintain an inventory of all personal
protective equipment and medically necessary equip-
ment in the possession of the Department; and
ø(ii) make the inventory required under clause (i)
available, on a continual basis, to—
ø(I) the Secretary of Health and Human Serv-
ices; and
ø(II) the Committee on Appropriations and the
Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee
on Appropriations and the Committee on Home-
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land Security of the House of Representatives.
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14
ø(B) FORM.—Each inventory required to be made avail-
able under subparagraph (A) shall be submitted in unclas-
sified form, but may include a classified annex.¿
* * * * * * *
TITLE VII—MANAGEMENT
* * * * * * *
SEC. 704. CHIEF HUMAN CAPITAL OFFICER.
(a) IN GENERAL.—The Chief Human Capital Officer shall report
directly to the Under Secretary for Management.
(b)* * *
(e) ANNUAL SUBMISSION.—Not later than 90 days after the date
on which the Secretary submits the annual budget justification for
the Department, the Secretary shall submit to the congressional
homeland security committees a report that includes a table, delin-
eated by component with actual and enacted amounts, including—
(1) information on the progress within the Department of ful-
filling the workforce strategies developed under subsection (c);
(2) information on employee development opportunities
catalogued pursuant to paragraph (9) of subsection (b) and any
available data on participation rates, attrition rates, and im-
pacts on retention and employee satisfaction;
(3) information on the progress of Departmentwide strategic
workforce planning efforts as determined under paragraph (2)
of subsection (b);
(4) information on the activities of the steering committee es-
tablished pursuant to øsection 711(a)¿ section 710(a)), includ-
ing the number of meetings, types of materials developed and
distributed, and recommendations made to the Secretary;
* * * * * * *
øSEC. 710. WORKFORCE HEALTH AND MEDICAL SUPPORT.
ø(a) IN GENERAL.—The Under Secretary for Management shall
be responsible for workforce-focused health and medical activities
of the Department. The Under Secretary for Management may fur-
ther delegate responsibility for those activities, as appropriate.
ø(b) RESPONSIBILITIES.—The Under Secretary for Management,
in coordination with the Chief Medical Officer, shall—
ø(1) provide oversight and coordinate the medical and health
activities of the Department for the human and animal per-
sonnel of the Department;
ø(2) establish medical, health, veterinary, and occupational
health exposure policy, guidance, strategies, and initiatives for
the human and animal personnel of the Department;
ø(3) as deemed appropriate by the Under Secretary, provide
medical liaisons to the components of the Department, on a re-
imbursable basis, to provide subject matter expertise on occu-
pational medical and public health issues;
ø(4) serve as the primary representative for the Department
on agreements regarding the detail of Commissioned Corps of-
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ficers of the Public Health Service of the Department of Health
and Human Services to the Department, except that compo-
nents of the Department shall retain authority for funding, de-
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15
termination of specific duties, and supervision of such detailed
Commissioned Corps officers; and
ø(5) perform such other duties relating to the responsibilities
described in this subsection as the Secretary may require.¿
SEC. ø711¿ 710. EMPLOYEE ENGAGEMENT.
* * * * * * *
SEC. ø712¿ 711. ANNUAL EMPLOYEE AWARD PROGRAM.
* * * * * * *
SEC. ø713¿ 712. ACQUISITION PROFESSIONAL CAREER PROGRAM.
* * * * * * *
øSEC. 1932. MEDICAL COUNTERMEASURES.
ø(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary shall, as appropriate, establish a medical counter-
measures program within the components of the Department to—
ø(1) facilitate personnel readiness and protection for the em-
ployees and working animals of the Department in the event
of a chemical, biological, radiological, nuclear, or explosives at-
tack, naturally occurring disease outbreak, other event impact-
ing health, or pandemic; and
ø(2) support the mission continuity of the Department.
ø(b) OVERSIGHT.—The Secretary, acting through the Chief Med-
ical Officer of the Department, shall—
ø(1) provide programmatic oversight of the medical counter-
measures program established under subsection (a); and
ø(2) develop standards for—
ø(A) medical countermeasure storage, security, dis-
pensing, and documentation;
ø(B) maintaining a stockpile of medical counter-
measures, including antibiotics, antivirals, antidotes,
therapeutics, and radiological countermeasures, as appro-
priate;
ø(C) ensuring adequate partnerships with manufactur-
ers and executive agencies that enable advance
prepositioning by vendors of inventories of appropriate
medical countermeasures in strategic locations nationwide,
based on risk and employee density, in accordance with
applicable Federal statutes and regulations;
ø(D) providing oversight and guidance regarding the dis-
pensing of stockpiled medical countermeasures;
ø(E) ensuring rapid deployment and dispensing of med-
ical countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, other event impacting health, or pandemic;
ø(F) providing training to employees of the Department
on medical countermeasures; and
ø(G) supporting dispensing exercises.
ø(c) MEDICAL COUNTERMEASURES WORKING GROUP.—The Sec-
retary, acting through the Chief Medical Officer of the Department,
shall establish a medical countermeasures working group com-
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prised of representatives from appropriate components and offices
of the Department to ensure that medical countermeasures stand-
ards are maintained and guidance is consistent.
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16
ø(d) MEDICAL COUNTERMEASURES MANAGEMENT.—Not later than
120 days after the date on which appropriations are made available
to carry out subsection (a), the Chief Medical Officer shall develop
and submit to the Secretary an integrated logistics support plan for
medical countermeasures, including—
ø(1) a methodology for determining the ideal types and quan-
tities of medical countermeasures to stockpile and how fre-
quently such methodology shall be reevaluated;
ø(2) a replenishment plan; and
ø(3) inventory tracking, reporting, and reconciliation proce-
dures for existing stockpiles and new medical countermeasure
purchases.
ø(e) TRANSFER.—Not later than 120 days after the date of enact-
ment of this section, the Secretary shall transfer all medical coun-
termeasures-related programmatic and personnel resources from
the Under Secretary for Management to the Chief Medical Officer.
ø(f) STOCKPILE ELEMENTS.—In determining the types and
quantities of medical countermeasures to stockpile under sub-
section (d), the Secretary, acting through the Chief Medical Of-
ficer of the Department—
ø(1) shall use a risk-based methodology for evaluating types
and quantities of medical countermeasures required; and
ø(2) may use, if available—
ø(A) chemical, biological, radiological, and nuclear risk
assessments of the Department; and
ø(B) guidance on medical countermeasures of the Office
of the Assistant Secretary for Preparedness and Response
and the Centers for Disease Control and Prevention.
ø(g) BRIEFING.—Not later than 180 days after the date of enact-
ment of this section, the Secretary shall provide a briefing to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives regarding—
ø(1) the plan developed under subsection (d); and
ø(2) implementation of the requirements of this section.
ø(h) DEFINITION.—In this section, the term ‘‘medical counter-
measures’’ means antibiotics, antivirals, antidotes, therapeutics, ra-
diological countermeasures, and other countermeasures that may
be deployed to protect the employees and working animals of the
Department in the event of a chemical, biological, radiological, nu-
clear, or explosives attack, naturally occurring disease outbreak,
other event impacting health, or pandemic.¿
* * * * * * *
TITLE XIX—COUNTERING WEAPONS OF MASS
DESTRUCTION OFFICE
Subtitle A—Countering Weapons of Mass
Destruction Office
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SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) * * *
(b) * * *
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17
(c) RESPONSIBILITIES.—The Assistant Secretary shall serve as the
Secretary’s principal advisor on—
(1) matters and strategies pertaining to—
(A) weapons of mass destruction; and
(B) chemical, biological, radiological, nuclear, and other
related emerging threats; and
(2) coordinating the efforts of the Department to counter—
(A) weapons of mass destruction; and
(B) chemical, biological, radiological, nuclear, and other
related emerging threats.
(d) * * *
ø(e) TERMINATION.—The Office shall terminate on the date that
is 5 years after the date of the enactment of the Countering Weap-
ons of Mass Destruction Act of 2018.¿
Subtitle B—Mission of the Office
SEC. 1921. MISSION OF THE OFFICE.
The Office shall be responsible for—
(1) coordinating the efforts of the Department to counter—
(A) weapons of mass destruction; and
(B) chemical, biological, radiological, nuclear, and other
related emerging threats; and
(2) enhancing the ability of Federal, State, local, Tribal, and
territorial partners to prevent, detect, protect against, and miti-
gate the impacts of attacks using—
(A) weapons of mass destruction against the United
States; and
(B) chemical, biological, radiological, nuclear, and other
related emerging threats against the United States.
SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT COMPONENTS
AND FEDERAL AGENCIES.
(a)* * *
ø(b) OFFICE FOR STRATEGY, POLICY, AND PLANS.—Not later than
one year after the date of the enactment of the Countering Weap-
ons of Mass Destruction Act of 2018, the Assistant Secretary shall,
in coordination with the Under Secretary for Strategy, Policy, and
Plans, submit to the appropriate congressional committees a strat-
egy and implementation plan to direct programs within the Office
and to integrate those programs with other programs and activities
of the Department.¿
ø(c)¿ (b) FEDERAL EMERGENCY MANAGEMENT AGENCY.—Nothing
in this title or any other provision of law may be construed to affect
or reduce the responsibilities of the Federal Emergency Manage-
ment Agency or the Administrator of the Agency, including the di-
version of any asset, function, or mission of the Agency or the Ad-
ministrator of the Agency.
SEC. 1923. RESPONSIBILITIES.
(a) OFFICE RESPONSIBILITIES.—
(1) IN GENERAL.—For the purposes of coordinating the efforts of
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the Department to counter weapons of mass destruction and chem-
ical, biological, radiological, nuclear, and other related emerging
threats, the Office shall—
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18
(A) provide expertise and guidance to Department leader-
ship and components on chemical, biological, radiological,
and nuclear, and other related emerging threats, subject to
the research, development, testing, and evaluation coordi-
nation requirement described in subparagraph (G);
(B) in coordination with the Office for Strategy, Policy,
and Plans, lead development of policies and strategies to
counter weapons of mass destruction and chemical, biologi-
cal, radiological, nuclear and other related emerging
threats on behalf of the Department;
(C) identify, assess, and prioritize capability gaps relat-
ing to the strategic and mission objectives of the Depart-
ment for weapons of mass destruction and chemical, bio-
logical, radiological, nuclear, and other related emerging
threats;
(D) in coordination with the Office of Intelligence and
Analysis, support components of the Department, and Fed-
eral, State, local, Tribal, and territorial partners, provide
intelligence and information analysis and reports on weap-
ons of mass destruction and chemical, biological, radio-
logical, nuclear, and other related emerging threats;
(E) in consultation with the Science and Technology Di-
rectorate, assess risk to the United States from weapons of
mass destruction and chemical, biological, radiological, nu-
clear, and other related emerging threats;
(F) lead development and prioritization of Department re-
quirements to counter weapons of mass destruction and
chemical, biological, radiological, nuclear, and other re-
lated emerging threats, subject to the research, develop-
ment, testing, and evaluation coordination requirement de-
scribed in subparagraph (G), which requirements shall
be—
(i) developed in coordination with end users; and
(ii) reviewed by the Joint Requirements Council, as
directed by the Secretary;
(G) in coordination with the Science and Technology Di-
rectorate, direct, fund, and coordinate capability develop-
ment activities to counter weapons of mass destruction and
all chemical, biological, radiological, nuclear, and other re-
lated emerging threats research, development, test, and
evaluation matters, including research, development, test-
ing, and evaluation expertise, threat characterization, tech-
nology maturation, prototyping, and technology transition;
(H) acquire, procure, and deploy counter weapons of
mass destruction capabilities, and serve as the lead advisor
of the Department on component acquisition, procurement,
and deployment of counter-weapons of mass destruction ca-
pabilities;
(I) in coordination with the Office of Health Security,
support components of the Department, and Federal, State,
local, Tribal, and territorial partners on chemical, biologi-
cal, radiological, nuclear, and other related emerging
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threats health matters;
(J) provide expertise on weapons of mass destruction and
chemical, biological, radiological, nuclear, and other re-
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19
lated emerging threats expertise to Department and Federal
partners to support engagements and efforts with inter-
national partners subject to the research, development, test-
ing, and evaluation coordination requirement under sub-
paragraph (G); and
(K) carry out any other duties assigned to the Office by
the Secretary.
(2) DETECTION AND REPORTING.—For purposes of the chem-
ical, biological, radiological, and nuclear detection and report-
ing responsibilities of the Office, the Office shall—
(A) in coordination with end users, including State, local,
Tribal, and territorial partners, as appropriate—
(i) carry out a program to test and evaluate tech-
nology, in consultation with the Science and Tech-
nology Directorate, to detect and report on chemical, bi-
ological, radiological, nuclear, and other related emerg-
ing threats weapons or unauthorized material, in co-
ordination with other Federal agencies, as appropriate,
and establish performance metrics to evaluate the effec-
tiveness of individual detectors and detection systems
in detecting those weapons or material—
(I) under realistic operational and environ-
mental conditions; and
(II) against realistic adversary tactics and coun-
termeasures;
(B) in coordination with end users, conduct, support, co-
ordinate, and encourage a transformational program of re-
search and development to generate and improve tech-
nologies to detect, protect against, and report on the illicit
entry, transport, assembly, or potential use within the
United States of weapons of mass destruction and chem-
ical, biological, radiological, nuclear, and other related
emerging threats weapons or unauthorized material, and
coordinate with the Under Secretary for Science and Tech-
nology on research and development efforts relevant to the
mission of the Office and the Under Secretary for Science
and Technology;
(C) before carrying out operational testing under sub-
paragraph (A), develop a testing and evaluation plan that
articulates the requirements for the user and describes how
these capability needs will be tested in developmental test
and evaluation and operational test and evaluation;
(D) as appropriate, develop, acquire, and deploy equip-
ment to detect and report on weapons of mass destruction
and chemical, biological, radiological, nuclear, and other
emerging threats weapons or unauthorized material in sup-
port of Federal, State, local, Tribal, and territorial govern-
ments;
(E) support and enhance the effective sharing and use of
appropriate information on weapons of mass destruction
and chemical, biological, radiological, nuclear, and other
related emerging threats and related emerging issues gen-
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erated by elements of the intelligence community (as de-
fined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), law enforcement agencies, other Federal
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20
agencies, State, local, Tribal, and territorial governments,
and foreign governments, as well as provide appropriate in-
formation to those entities;
(F) consult, as appropriate, with the Federal Emergency
Management Agency and other departmental components,
on weapons of mass destruction and chemical, biological,
radiological, nuclear, and other related emerging threats
and efforts to mitigate, prepare, and respond to all threats
in support of the State, local, and Tribal communities; and
(G) perform other duties as assigned by the Secretary.
ø(a)¿ øMISSION¿ (b) RADIOLOGICAL AND NUCLEAR RESPONSIBIL-
ITIES.—The Office shall be responsible for coordinating Federal ef-
forts to detect and protect against the unauthorized importation,
possession, storage, transportation, development, or use of a nu-
clear explosive device, fissile material, or radiological material in
the United States, and to protect against attack using such devices
or materials against the people, territory, or interests of the United
States and, to this end, shall—
(1) serve as the primary entity of the United States Govern-
ment to further develop, acquire, deploy, and support the øde-
ployment¿ operations of an enhanced domestic system to detect
and report on attempts to import, possess, store, transport, de-
velop, or use an unauthorized nuclear explosive device, fissile
material, or radiological material in the United States, and im-
prove that system over time;
(2) * * *
* * * * * * *
ø(6) conduct, support, coordinate, and encourage an aggres-
sive, expedited, evolutionary, and transformational program of
research and development to generate and improve tech-
nologies to detect and prevent the illicit entry, transport, as-
sembly, or potential use within the United States of a nuclear
explosive device or fissile or radiological material, and coordi-
nate with the Under Secretary for Science and Technology on
basic and advanced or transformational research and develop-
ment efforts relevant to the mission of both organizations;
ø(7) carry out a program to test and evaluate technology for
detecting a nuclear explosive device and fissile or radiological
material, in coordination with the Secretary of Defense and the
Secretary of Energy, as appropriate, and establish performance
metrics for evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or material—
ø(A) under realistic operational and environmental con-
ditions; and
ø(B) against realistic adversary tactics and counter-
measures;
ø(8) support and enhance the effective sharing and use of ap-
propriate information generated by the intelligence community,
law enforcement agencies, counterterrorism community, other
government agencies, and foreign governments, as well as pro-
vide appropriate information to such entities;
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ø(9) further enhance and maintain continuous awareness by
analyzing information from all Office mission-related detection
systems;
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21
ø(10) lead the development and implementation of the na-
tional strategic five-year plan for improving the nuclear foren-
sic and attribution capabilities of the United States required
under section 1036 of the National Defense Authorization Act
for Fiscal Year 2010;¿
ø(11)¿ (6) establish, within the Office, the National Technical
Nuclear Forensics Center to provide centralized stewardship,
planning, assessment, gap analysis, exercises, improvement,
and integration for all Federal nuclear forensics and attribu-
tion activities—
(A) * * *
(B) to coordinate and implement the ønational strategic
five-year plan referred to in paragraph (10)¿ United States
national technical nuclear forensics strategic planning;
(7) establish a National Nuclear Forensics Expertise Devel-
opment Program, which—
(A) * * *
(C) shall—
(i) * * *
* * * * * * *
(v) except as otherwise provided, require that—
(I) * * *
(II) a scholarship recipient who, for any reason
except ødeath or disability¿ death, disability, or a
finding of good cause as determined by the Assist-
ant Secretary (including extreme hardship, extreme
need, or the needs of the Office) and for which the
Assistant Secretary may grant a waiver of the re-
payment obligation, fails to begin or complete the
post-doctoral service requirements in a technical
nuclear forensics-related specialty at a national
laboratory or appropriate Federal agency after
completion of academic training shall be liable to
the United States for an amount equal to—
(aa) * * *
(bb) the interest on such amounts which
would be payable if at the time the scholar-
ship was received such scholarship was a loan
bearing interest at the maximum legally pre-
vailing rate; and
ø(13) * * *¿
ø(14)¿ (8) perform other duties as assigned by the Secretary.
(c) CHEMICAL AND BIOLOGICAL RESPONSIBILITIES.—The Office—
(1) shall be responsible for coordinating with other Federal ef-
forts to enhance the ability of Federal, State, local, and Tribal
governments to prevent, detect, protect against, and mitigate the
impacts of chemical and biological threats against the United
States; and
(2) shall—
(A) serve as a primary entity of the Federal Government
to further develop, acquire, deploy, and support the oper-
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ations of a national biosurveillance system in support of
Federal, State, local, Tribal, and territorial governments,
and improve that system over time;
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22
(B) enhance the chemical and biological detection efforts
of Federal, State, local, Tribal, and territorial governments
and provide guidance, tools, and training to help ensure a
managed, coordinated response; and
(C) collaborate with the Biomedical Advanced Research
and Development Authority, the Office of Health Security,
the Defense Advanced Research Projects Agency, and the
National Aeronautics and Space Administration, and other
relevant Federal stakeholders, and receive input from in-
dustry, academia, and the national laboratories on chem-
ical and biological surveillance efforts.
ø(b)¿ (d) DEFINITIONS.—In this section:
(1) * * *
* * * * * * *
(3) øHAWAIIAN NATIVE-SERVING¿ NATIVE HAWAIIAN-SERVING
INSTITUTION.—The term ø‘‘Hawaiian native-serving’’¿ ‘‘Native
Hawaiian-serving institution’’ has the meaning given the term
in section 317 of the Higher Education Act of 1965 (20 U.S.C.
1059d).
* * * * * * *
SEC. 1924. HIRING AUTHORITY.
In hiring personnel for the Office, the Secretary shall have the
hiring and management authorities provided in øsection 1101 of
the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note)¿ section 4092 of title 10, United
States Code, except that the authority shall be limited to facilitate
the recruitment of experts in the chemical, biological, radiological,
or nuclear specialties. The term of appointments for employees
under subsection (c)(1) of such section may not exceed 5 years be-
fore granting any extension under subsection (c)(2) of such section.
* * * * * * *
SEC. 1927. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NU-
CLEAR DETECTION ARCHITECTURE.
(a) ANNUAL REVIEW.—
(1) IN GENERAL.—
(A) * * *
(B) * * *
(C) the Assistant Secretary and each of the relevant de-
partments that are partners in the National Technical
Forensics Center—
(i) include, as part of the assessments, evaluations,
and reviews required under this paragraph, each of-
fice’s or department’s activities and investments in
support of nuclear forensics and attribution activities
and specific goals and objectives accomplished during
the previous year pursuant to the national strategic
five-year plan for improving the nuclear forensic and
attribution capabilities of the United States ørequired
under section 1036 of the National Defense Authoriza-
tion Act for Fiscal Year 2010¿;
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(ii) attaches, as an appendix to the Joint Inter-
agency Annual Review, the most current version of
such strategy and plan; øand¿
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23
(iii) includes a description of new or amended bilat-
eral and multilateral agreements and efforts in sup-
port of nuclear forensics and attribution activities ac-
complished during the previous yearø.¿; and
(iv) includes any other information regarding na-
tional technical nuclear forensics activities carried out
under section 1923.
* * * * * * *
SEC. 1928. SECURING THE CITIES PROGRAM.
(a) * * *
(b) * * *
(c) DESIGNATION OF JURISDICTIONS.—
(1) IN GENERAL.—In carrying out the STC program under
subsection (a), the Secretary shall designate jurisdictions øfrom
among high-risk urban areas under section 2003¿ based on the
capability and capacity of the jurisdiction, as well as the rel-
ative threat, vulnerability, and consequences from terrorist at-
tacks and other high-consequence events utilizing nuclear or
other radiological materials.
ø(d) ACCOUNTABILITY.—
ø(1) IMPLEMENTATION PLAN.—
ø(A) IN GENERAL.—The Secretary shall develop, in con-
sultation with relevant stakeholders, an implementation
plan for carrying out the STC program that includes—
ø(i) a discussion of the goals of the STC program
and a strategy to achieve those goals;
ø(ii) performance metrics and milestones for the
STC program;
ø(iii) measures for achieving and sustaining capa-
bilities under the STC program; and
ø(iv) costs associated with achieving the goals of the
STC program.
ø(B) Submission to congress.—Not later than one year
after the date of the enactment of the Countering Weapons
of Mass Destruction Act of 2018, the Secretary shall sub-
mit to the appropriate congressional committees and the
Comptroller General of the United States the implementa-
tion plan required by subparagraph (A).
ø(2) Report required.—Not later than one year after the sub-
mission of the implementation plan under paragraph (1)(B),
the Secretary shall submit to the appropriate congressional
committees and the Comptroller General a report that in-
cludes—
ø(A) an assessment of the effectiveness of the STC pro-
gram, based on the performance metrics and milestones re-
quired by paragraph (1)(A)(ii); and
ø(B) proposals for any changes to the STC program, in-
cluding an explanation of how those changes align with
the strategy and goals of the STC program and, as appro-
priate, address any challenges faced by the STC program.
ø(3) Comptroller general review.—Not later than 18 months
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after the submission of the report required by paragraph (2),
the Comptroller General of the United States shall submit to
the appropriate congressional committees a report evaluating
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24
the implementation plan required by paragraph (1) and the re-
port required by paragraph (2), including an assessment of
progress made with respect to the performance metrics and
milestones required by paragraph (1)(A)(ii) and the
sustainment of the capabilities of the STC program.
ø(4) Briefing and submission requirements.—Before making
any changes to the structure or requirements of the STC pro-
gram, the Assistant Secretary shall—
ø(A) consult with the appropriate congressional commit-
tees; and
ø(B) provide to those committees—
ø(i) a briefing on the proposed changes, including a
justification for the changes;
ø(ii) documentation relating to the changes, includ-
ing plans, strategies, and resources to implement the
changes; and
ø(iii) an assessment of the effect of the changes on
the capabilities of the STC program, taking into con-
sideration previous resource allocations and stake-
holder input.¿
(d) REPORT.—Not later than 2 years after the date of enactment
of the Offices of Countering Weapons of Mass Destruction and
Health Security Act of 2022, the Secretary shall submit to the ap-
propriate congressional committees an update on the STC program.
SEC. 1929. ACCOUNTABILITY.
(a) DEPARTMENTWIDE STRATEGY.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of Offices of Countering Weapons of Mass Destruc-
tion and Health Security Act of 2022, and every 4 years there-
after, the Secretary shall create a Departmentwide strategy and
implementation plan to counter weapons of mass destruction
and chemical, biological, radiological, nuclear, and other re-
lated emerging threats, which should—
(A) have clearly identified authorities, specified roles, ob-
jectives, benchmarks, accountability, and timelines;
(B) incorporate the perspectives of non-Federal and pri-
vate sector partners; and
(C) articulate how the Department will contribute to rel-
evant national-level strategies and work with other Federal
agencies.
(2) CONSIDERATION.—The Secretary shall appropriately con-
sider weapons of mass destruction and chemical, biological, ra-
diological, nuclear, and other related emerging threats when
creating the strategy and implementation plan required under
paragraph (1).
(3) REPORT.—The Office shall submit to the appropriate con-
gressional committees a report on the updated Departmentwide
strategy and implementation plan required under paragraph
(1).
(b) DEPARTMENTWIDE BIODEFENSE REVIEW AND STRATEGY.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of the Offices of Countering Weapons of Mass De-
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struction and Health Security Act of 2022, the Secretary, in con-
sultation with appropriate stakeholders representing Federal,
State, Tribal, territorial, academic, private sector, and non-
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25
governmental entities, shall conduct a Departmentwide review
of biodefense activities and strategies.
(2) REVIEW.—The review required under paragraph (1)
shall—
(A) identify with specificity the biodefense lines of effort
of the Department, including relating to biodefense roles,
responsibilities, and capabilities of components and offices
of the Department;
(B) assess how such components and offices coordinate
internally and with public and private partners in the bio-
defense enterprise;
(C) identify any policy, resource, capability, or other gaps
in the Department’s ability to assess, prevent, protect
against, and respond to biological threats; and
(D) identify any organizational changes or reforms nec-
essary for the Department to effectively execute its bio-
defense mission and role, including with respect to public
and private partners in the biodefense enterprise.
(3) STRATEGY.—Not later than 1 year after completion of the
review required under paragraph (1), the Secretary shall issue
a biodefense strategy for the Department that—
(A) is informed by such review and is aligned with sec-
tion 1086 of the National Defense Authorization Act for Fis-
cal Year 2017 (6 U.S.C. 104; relating to the development of
a national biodefense strategy and associated implementa-
tion plan, including a review and assessment of biodefense
policies, practices, programs, and initiatives) or any suc-
cessor strategy; and
(B) shall—
(i) describe the biodefense mission and role of the De-
partment, as well as how such relates to the biodefense
lines of effort of the Department;
(ii) clarify, as necessary, biodefense roles, responsibil-
ities, and capabilities of the components and offices of
the Department involved in the biodefense lines of ef-
fort of the Department;
(iii) establish how biodefense lines of effort of the De-
partment are to be coordinated within the Department;
(iv) establish how the Department engages with pub-
lic and private partners in the biodefense enterprise,
including other Federal agencies, national laboratories
and sites, and State, local, Tribal, and territorial enti-
ties, with specificity regarding the frequency and na-
ture of such engagement by Department components
and offices with State, local, Tribal and territorial en-
tities; and
(v) include information relating to—
(I) milestones and performance metrics that are
specific to the biodefense mission and role of the
Department described in clause (i); and
(II) implementation of any operational changes
necessary to carry out clauses (iii) and (iv).
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(4) PERIODIC UPDATE.—Beginning not later than 5 years after
the issuance of the strategy and implementation plans required
under paragraph (3), and not less often than once every 5 years
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26
thereafter, the Secretary shall review and update, as necessary,
such strategy and plans.
(5) CONGRESSIONAL OVERSIGHT.—Not later than 30 days after
the issuance of the biodefense strategy and implementation
plans for the Department of Homeland Security required under
paragraph (3), the Secretary shall brief the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Rep-
resentatives regarding such strategy and plans.
(c) EMPLOYEE MORALE.—Not later than 180 days after the date
of enactment of the Offices of Countering Weapons of Mass Destruc-
tion and Health Security Act of 2022, the Office shall submit to and
brief the appropriate congressional committees on a strategy and
plan to continuously improve morale within the Office.
(d) COMPTROLLER GENERAL.—Not later than 1 year after the date
of enactment of the Offices of Countering Weapons of Mass Destruc-
tion and Health Security Act of 2022, the Comptroller General of
the United States shall conduct a review of and brief the appro-
priate congressional committees on—
(1) the efforts of the Office to prioritize the programs and ac-
tivities that carry out the mission of the Office, including re-
search and development;
(2) the consistency and effectiveness of stakeholder coordina-
tion across the mission of the Department, including oper-
ational and support components of the Department and State
and local entities; and
(3) the efforts of the Office to manage and coordinate the
lifecycle of research and development within the Office and with
other components of the Department, including the Science and
Technology Directorate.
(e) NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDI-
CINE.—
(1) STUDY.—The Secretary shall enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
to conduct a consensus study and report to the Secretary and
the appropriate congressional committees on—
(A) the role of the Department in preparing, detecting,
and responding to biological and health security threats to
the homeland;
(B) recommendations to improve departmental biosurveil-
lance efforts against biological threats, including any rel-
evant biological detection methods and technologies; and
(C) the feasibility of different technological advances for
biodetection compared to the cost, risk reduction, and time-
liness of those advances.
(2) BRIEFING.—Not later than 1 year after the date on which
the Secretary receives the report required under paragraph (1),
the Secretary shall brief the appropriate congressional commit-
tees on—
(A) the implementation of the recommendations included
in the report; and
(B) the status of biological detection at the Department,
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and, if applicable, timelines for the transition from
Biowatch to updated technology.
(f) ADVISORY COUNCIL.—
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27
(1) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of the Offices of Countering Weapons of Mass De-
struction and Health Security Act of 2022, the Secretary shall
establish an advisory body to advise on the ongoing coordina-
tion of the efforts of the Department to counter weapons of mass
destruction, to be known as the Advisory Council for Countering
Weapons of Mass Destruction (in this subsection referred to as
the ‘Advisory Council’).
(2) MEMBERSHIP.—The members of the Advisory Council
shall—
(A) be appointed by the Assistant Secretary; and
(B) to the extent practicable, represent a geographic (in-
cluding urban and rural) and substantive cross section of
officials, from State, local, and Tribal governments, aca-
demia, the private sector, national laboratories, and non-
governmental organizations, including, as appropriate—
(i) members selected from the emergency manage-
ment field and emergency response providers;
(ii) State, local, and Tribal government officials;
(iii) experts in the public and private sectors with ex-
pertise in chemical, biological, radiological, and nu-
clear agents and weapons;
(iv) representatives from the national laboratories;
and
(v) such other individuals as the Assistant Secretary
determines to be appropriate.
(3) RESPONSIBILITIES.—The Advisory Council shall—
(A) advise the Assistant Secretary on all aspects of coun-
tering weapons of mass destruction;
(B) incorporate State, local, and Tribal government, na-
tional laboratories, and private sector input in the develop-
ment of the strategy and implementation plan of the De-
partment for countering weapons of mass destruction; and
(C) establish performance criteria for a national biologi-
cal detection system and review the testing protocol for bio-
logical detection prototypes.
(4) CONSULTATION.—To ensure input from and coordination
with State, local, and Tribal governments, the Assistant Sec-
retary shall regularly consult and work with the Advisory
Council on the administration of Federal assistance provided by
the Department, including with respect to the development of re-
quirements for countering weapons of mass destruction pro-
grams, as appropriate.
(5) VOLUNTARY SERVICE.—The members of the Advisory
Council shall serve on the Advisory Council on a voluntary
basis.
(6) FACA.—The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Council.
* * * * * * *
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28
øSubtitle C—Chief Medical Officer¿
øSEC. 1931. CHIEF MEDICAL OFFICER.
ø(a) IN GENERAL.—There is in the Office a Chief Medical Officer,
who shall be appointed by the President. The Chief Medical Officer
shall report to the Assistant Secretary.
ø(b) QUALIFICATIONS.—The individual appointed as Chief Medical
Officer shall be a licensed physician possessing a demonstrated
ability in and knowledge of medicine and public health.
ø(c) RESPONSIBILITIES.—The Chief Medical Officer shall have the
responsibility within the Department for medical issues related to
natural disasters, acts of terrorism, and other man-made disasters,
including—
ø(1) serving as the principal advisor on medical and public
health issues to the Secretary, the Administrator of the Fed-
eral Emergency Management Agency, the Assistant Secretary,
and other Department officials;
ø(2) providing operational medical support to all components
of the Department;
ø(3) as appropriate, providing medical liaisons to the compo-
nents of the Department, on a reimbursable basis, to provide
subject matter expertise on operational medical issues;
ø(4) coordinating with Federal, State, local, and Tribal gov-
ernments, the medical community, and others within and out-
side the Department, including the Centers for Disease Control
and Prevention and the Office of the Assistant Secretary for
Preparedness and Response of the Department of Health and
Human Services, with respect to medical and public health
matters; and
ø(5) performing such other duties relating to such respon-
sibilities as the Secretary may require.
øSEC. 1932. MEDICAL COUNTERMEASURES.
ø(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary shall, as appropriate, establish a medical counter-
measures program within the components of the Department to—
ø(1) facilitate personnel readiness and protection for the em-
ployees and working animals of the Department in the event
of a chemical, biological, radiological, nuclear, or explosives at-
tack, naturally occurring disease outbreak, other event impact-
ing health, or pandemic; and
ø(2) support the mission continuity of the Department.
ø(b) OVERSIGHT.—The Secretary, acting through the Chief Med-
ical Officer of the Department, shall—
ø(1) provide programmatic oversight of the medical counter-
measures program established under subsection (a); and
ø(2) develop standards for—
ø(A) medical countermeasure storage, security, dis-
pensing, and documentation;
ø(B) maintaining a stockpile of medical counter-
measures, including antibiotics, antivirals, antidotes,
therapeutics, and radiological countermeasures, as appro-
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priate;
ø(C) ensuring adequate partnerships with manufactur-
ers and executive agencies that enable advance
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29
prepositioning by vendors of inventories of appropriate
medical countermeasures in strategic locations nationwide,
based on risk and employee density, in accordance with
applicable Federal statutes and regulations;
ø(D) providing oversight and guidance regarding the dis-
pensing of stockpiled medical countermeasures;
ø(E) ensuring rapid deployment and dispensing of med-
ical countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, other event impacting health, or pandemic;
ø(F) providing training to employees of the Department
on medical countermeasures; and
ø(G) supporting dispensing exercises.
ø(c) MEDICAL COUNTERMEASURES WORKING GROUP.—The Sec-
retary, acting through the Chief Medical Officer of the Department,
shall establish a medical countermeasures working group com-
prised of representatives from appropriate components and offices
of the Department to ensure that medical countermeasures stand-
ards are maintained and guidance is consistent.
ø(d) MEDICAL COUNTERMEASURES MANAGEMENT.—Not later than
120 days after the date on which appropriations are made available
to carry out subsection (a), the Chief Medical Officer shall develop
and submit to the Secretary an integrated logistics support plan for
medical countermeasures, including—
ø(1) a methodology for determining the ideal types and quan-
tities of medical countermeasures to stockpile and how fre-
quently such methodology shall be reevaluated;
ø(2) a replenishment plan; and
ø(3) inventory tracking, reporting, and reconciliation proce-
dures for existing stockpiles and new medical countermeasure
purchases.
ø(e) TRANSFER.—Not later than 120 days after the date of enact-
ment of this section, the Secretary shall transfer all medical coun-
termeasures-related programmatic and personnel resources from
the Under Secretary for Management to the Chief Medical Officer.
ø(f) STOCKPILE ELEMENTS.—In determining the types and quan-
tities of medical countermeasures to stockpile under subsection (d),
the Secretary, acting through the Chief Medical Officer of the De-
partment—
ø(1) shall use a risk-based methodology for evaluating types
and quantities of medical countermeasures required; and
ø(2) may use, if available—
ø(A) chemical, biological, radiological, and nuclear risk
assessments of the Department; and
ø(B) guidance on medical countermeasures of the Office
of the Assistant Secretary for Preparedness and Response
and the Centers for Disease Control and Prevention.
ø(g) BRIEFING.—Not later than 180 days after the date of enact-
ment of this section, the Secretary shall provide a briefing to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
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Representatives regarding—
ø(1) the plan developed under subsection (d); and
ø(2) implementation of the requirements of this section.
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30
ø(h) DEFINITION.—In this section, the term medical counter-
measures means antibiotics, antivirals, antidotes, therapeutics, ra-
diological countermeasures, and other countermeasures that may
be deployed to protect the employees and working animals of the
Department in the event of a chemical, biological, radiological, nu-
clear, or explosives attack, naturally occurring disease outbreak,
other event impacting health, or pandemic.¿
* * * * * * *
TITLE XXIII—OFFICE OF HEALTH SECURITY
øSEC. 1931. CHIEF MEDICAL OFFICER.¿ SEC. 2301. OFFICE OF HEALTH
SECURITY.
ƒ(a) IN GENERAL.—There is in the Office a Chief Medical Officer,
who shall be appointed by the President. The Chief Medical Of-
ficer shall report to the Assistant Secretary.
ø(b) QUALIFICATIONS.—The individual appointed as Chief Medical
Officer shall be a licensed physician possessing a demonstrated
ability in and knowledge of medicine and public health.¿
(a) IN GENERAL.—There is established in the Department an
Office of Health Security.
(b) HEAD OF OFFICE OF HEALTH SECURITY.—The Office of
Health Security shall be headed by a chief medical officer, who
shall—
(1) be the Assistant Secretary for Health Security and the
Chief Medical Officer of the Department;
(2) be a licensed physician possessing a demonstrated ability
in and knowledge of medicine and public health;
(3) be appointed by the President; and
(4) report directly to the Secretary.
(c) RESPONSIBILITIES.—The Chief Medical Officer shall have the
responsibility within the Department for ømedical issues related to
natural disasters, acts of terrorism, and other man-made disasters¿
oversight of all medical, public health, and workforce health and
safety matters of the Department including—
(1) serving as the principal advisor on medical and public
health issues to the Secretary, øthe Administrator of the Fed-
eral Emergency Management Agency, the Assistant Secretary,
and other Department officials¿ and all other Department offi-
cials;
(2) providing operational medical support to all components
of the Department;
(3) as appropriate, providing medical liaisons to the compo-
nents of the Department, on a reimbursable basis, to provide
subject matter expertise on operational medical issues;
(4) coordinating with Federal, State, local, and Tribal govern-
ments, the medical community, and others within and outside
the Department, including the Centers for Disease Control and
Prevention and the Office of the Assistant Secretary for Pre-
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paredness and Response of the Department of Health and
Human Services, with respect to medical and public health
matters; øand¿
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31
(5) overseeing all medical and public health activities of the
Department, including the delivery, advisement, and oversight
of direct patient care and the organization, management, and
staffing of component operations that deliver direct patient care;
(6) advising the head of each component of the Department
that delivers direct patient care regarding the recruitment and
appointment of a component chief medical officer and deputy
chief medical officer or the employee who functions in the ca-
pacity of chief medical officer and deputy chief medical officer;
(7) advising the Secretary and the head of each component of
the Department that delivers direct patient care regarding
knowledge and skill standards for medical personnel and the
assessment of that knowledge and skill;
(8) advising the Secretary and the head of each component of
the Department that delivers patient care regarding the collec-
tion, storage, and oversight of medical records;
(9) with respect to any psychological health counseling or as-
sistance program of the Department, including such a program
of a law enforcement, operational, or support component of the
Department, advising the head of each such component with
such a program regarding—
(A) ensuring such program includes safeguards against
adverse action, including automatic referrals for a fitness
for duty examination, by such component with respect to
any employee solely because such employee self-identifies a
need for psychological health counseling or assistance or re-
ceives such counseling or assistance;
(B) increasing the availability and number of local psy-
chological health professionals with experience providing
psychological support services to personnel;
(C) establishing a behavioral health curriculum for em-
ployees at the beginning of their careers to provide re-
sources early regarding the importance of psychological
health;
(D) establishing periodic management training on crisis
intervention and such component’s psychological health
counseling or assistance program;
(E) improving any associated existing employee peer sup-
port programs, including by making additional training
and resources available for peer support personnel in the
workplace across such component;
(F) implementing a voluntary alcohol treatment program
that includes a safe harbor for employees who seek treat-
ment;
(G) including, when appropriate, collaborating and
partnering with key employee stakeholders and, for those
components with employees with an exclusive representa-
tive, the exclusive representative with respect to such a pro-
gram;
(10) in consultation with the Chief Information Officer of the
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Department—
(A) identifying methods and technologies for managing,
updating, and overseeing patient records; and
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32
(B) setting standards for technology used by the compo-
nents of the Department regarding the collection, storage,
and oversight of medical records;
(11) advising the Secretary and the head of each component
of the Department that delivers direct patient care regarding
contracts for the delivery of direct patient care, other medical
services, and medical supplies;
(12) coordinating with the Countering Weapons of Mass De-
struction Office and other components of the Department as di-
rected by the Secretary to enhance the ability of Federal, State,
local, Tribal, and territorial governments to prevent, detect, pro-
tect against, and mitigate the health effects of chemical, biologi-
cal, radiological, and nuclear issues; and
(13) ø(5)¿ performing such other duties relating to such re-
sponsibilities as the Secretary may require.
(d) ASSISTANCE AND AGREEMENTS.—The Secretary, acting
through the Chief Medical Officer, in support of the medical and
public health activities of the Department, may—
(1) provide technical assistance, training, and information
and distribute funds through grants and cooperative agree-
ments to State, local, Tribal, and territorial governments and
nongovernmental organizations;
(2) enter into other transactions;
(3) enter into agreements with other Federal agencies; and
(4) accept services from personnel of components of the De-
partment and other Federal agencies on a reimbursable or non-
reimbursable basis.
(e) OFFICE OF HEALTH SECURITY PRIVACY OFFICER.—There shall
be a Privacy Officer in the Office of Health Security with primary
responsibility for privacy policy and compliance within the Office,
who shall—
(1) report directly to the Chief Medical Officer; and
(2) ensure privacy protections are integrated into all Office of
Health Security activities, subject to the review and approval of
the Privacy Officer of the Department to the extent consistent
with the authority of the Privacy Officer of the Department
under section 222.
(f) ACCOUNTABILITY.—
(1) STRATEGY AND IMPLEMENTATION PLAN.—Not later than
180 days after the date of enactment of this section, and every
4 years thereafter, the Secretary shall create a Departmentwide
strategy and implementation plan to address health threats.
(2) BRIEFING.—Not later than 90 days after the date of enact-
ment of this section, the Secretary shall brief the appropriate
congressional committees on the organizational transformations
of the Office of Health Security, including how best practices
were used in the creation of the Office of Health Security.
øSEC. 710¿ SEC. 2302. WORKFORCE HEALTH AND øMEDICAL SUPPORT¿
SAFETY.
(a) IN GENERAL.—The øUnder Secretary for Management¿ Chief
Medical Officer shall be responsible for workforce-focused health
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and medical activities of the Department. The øUnder Secretary for
Management¿ Chief Medical Officer may further delegate responsi-
bility for those activities, as appropriate.
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33
(b) RESPONSIBILITIES.—The øUnder Secretary for Management,
in coordination with the Chief Medical Officer,¿ Chief Medical Offi-
cer shall—
(1) provide oversight and coordinate the medical and health
activities of the Department for the human and animal per-
sonnel of the Department;
(2) establish medical, health, veterinary, and occupational
health exposure policy, guidance, strategies, and initiatives for
the human and animal personnel of the Department;
(3) øas deemed appropriate by the Under Secretary,¿ provide
medical liaisons to the components of the Department, on a re-
imbursable basis, to provide subject matter expertise on occu-
pational medical and public health issues;
(4) serve as the primary representative for the Department
on agreements regarding the detail of Commissioned Corps of-
ficers of the Public Health Service of the Department of Health
and Human Services to the Department, except that compo-
nents of the Department shall retain authority for funding, de-
termination of specific duties, and supervision of such detailed
Commissioned Corps officers; and
(5) perform such other duties relating to the responsibilities
described in this subsection as the Secretary may require.
øSEC. 528¿ SEC. 2303. COORDINATION OF DEPARTMENT OF HOMELAND
SECURITY EFFORTS RELATED TO FOOD, AGRICULTURE,
AND VETERINARY DEFENSE AGAINST TERRORISM.
(a) PROGRAM REQUIRED.—The Secretary, acting through the øAs-
sistant Secretary for the Countering Weapons of Mass Destruction
Office¿ Chief Medical Officer, shall carry out a program to coordi-
nate the Department’s efforts related to defending the food, agri-
culture, and veterinary systems of the United States against ter-
rorism and other high-consequence events that pose a high risk to
homeland security.
(b) * * *
* * * * * * *
øSEC. 1932¿ SEC. 2304. MEDICAL COUNTERMEASURES.
(a) IN GENERAL.—Subject to the availability of appropriations, the
Secretary shall, as appropriate, establish a medical counter-
measures program within the components of the Department to—
(1) facilitate personnel readiness and protection for the em-
ployees and working animals of the Department in the event of
a chemical, biological, radiological, nuclear, or explosives at-
tack, naturally occurring disease outbreak, other event impact-
ing health, or pandemic; and
(2) support the mission continuity of the Department.
(b) OVERSIGHT.—The Secretary, acting through the Chief Medical
Officer of the Department, shall—
(1) provide programmatic oversight of the medical counter-
measures program established under subsection (a); and
(2) develop standards for—
(A) medical countermeasure storage, security, dispensing,
and documentation;
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(B) maintaining a stockpile of medical countermeasures,
including antibiotics, antivirals, antidotes, therapeutics,
and radiological countermeasures, as appropriate;
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34
(C) ensuring adequate partnerships with manufacturers
and executive agencies that enable advance prepositioning
by vendors of inventories of appropriate medical counter-
measures in strategic locations nationwide, based on risk
and employee density, in accordance with applicable Fed-
eral statutes and regulations;
(D) providing oversight and guidance regarding the dis-
pensing of stockpiled medical countermeasures;
(E) ensuring rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological, nu-
clear, or explosives attack, naturally occurring disease out-
break, other event impacting health, or pandemic;
(F) providing training to employees of the Department on
medical countermeasures; and
(G) supporting dispensing exercises.
(c) MEDICAL COUNTERMEASURES WORKING GROUP.—The Sec-
retary, acting through the Chief Medical Officer of the Department,
shall establish a medical countermeasures working group comprised
of representatives from appropriate components and offices of the
Department to ensure that medical countermeasures standards are
maintained and guidance is consistent.
(d) MEDICAL COUNTERMEASURES MANAGEMENT.—Not later than
120 days after the date on which appropriations are made available
to carry out subsection (a), the Chief Medical Officer shall develop
and submit to the Secretary an integrated logistics support plan for
medical countermeasures, including—
(1) a methodology for determining the ideal types and quan-
tities of medical countermeasures to stockpile and how fre-
quently such methodology shall be reevaluated;
(2) a replenishment plan; and
(3) inventory tracking, reporting, and reconciliation proce-
dures for existing stockpiles and new medical countermeasure
purchases.
(e) TRANSFER.—Not later than 120 days after the date of enact-
ment of this section, the Secretary shall transfer all medical coun-
termeasures-related programmatic and personnel resources from the
Under Secretary for Management to the Chief Medical Officer.
(f) STOCKPILE ELEMENTS.—In determining the types and quan-
tities of medical countermeasures to stockpile under subsection (d),
the Secretary, acting through the Chief Medical Officer of the De-
partment—
(1) shall use a risk-based methodology for evaluating types
and quantities of medical countermeasures required; and
(2) may use, if available—
(A) chemical, biological, radiological, and nuclear risk
assessments of the Department; and
(B) guidance on medical countermeasures of the Office of
the Assistant Secretary for Preparedness and Response and
the Centers for Disease Control and Prevention.
(g) BRIEFING.—Not later than 180 days after the date of enact-
ment of this section, the Secretary shall provide a briefing to the
Committee on Homeland Security and Governmental Affairs of the
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Senate and the Committee on Homeland Security of the House of
Representatives regarding—
(1) the plan developed under subsection (d); and
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35
(2) implementation of the requirements of this section.
(h) DEFINITION.—In this section, the term ‘‘medical counter-
measures’’ means antibiotics, antivirals, antidotes, therapeutics, ra-
diological countermeasures, and other countermeasures that may be
deployed to protect the employees and working animals of the De-
partment in the event of a chemical, biological, radiological, nu-
clear, or explosives attack, naturally occurring disease outbreak,
other event impacting health, or pandemic.
SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
(a) DEFINITIONS.—In this section:
(1) HEALTH CARE PROVIDER.—The term ‘‘health care pro-
vider’’ means an individual who—
(A) is—
(i) an employee of the Department;
(ii) a detailee to the Department from another Fed-
eral agency;
(iii) a personal services contractor of the Department;
or
(iv) hired under a contract for services;
(B) performs health care services as part of duties of the
individual in that capacity; and
(C) has a current, valid, and unrestricted license or cer-
tification—
(i) that is issued by a State, the District of Columbia,
or a commonwealth, territory, or possession of the
United States; and
(ii) that is for the practice of medicine, osteopathic
medicine, dentistry, nursing, emergency medical serv-
ices, or another health profession.
(2) MEDICAL QUALITY ASSSURANCE PROGRAM.—The term
‘‘medical quality assurance program’’ means any activity car-
ried out by the Department to assess the quality of medical
care, including activities conducted by individuals, committees,
or other review bodies responsible for quality assurance, creden-
tials, infection control, incident reporting, the delivery, advise-
ment, and oversight of direct patient care and assessment (in-
cluding treatment procedures, blood, drugs, and therapeutics),
medical records, health resources management review, and
identification and prevention of medical, mental health, or den-
tal incidents and risks.
(3) MEDICAL QUALITY ASSURANCE RECORD OF THE DEPART-
MENT.—The term ‘‘medical quality assurance record of the De-
partment’’ means all information, including the proceedings,
records (including patient records that the Department creates
and maintains as part of a system of records), minutes, and re-
ports that—
(A) emanate from quality assurance program activities
described in paragraph (2); and
(B) are produced or compiled by the Department as part
of a medical quality assurance program.
(b) CONFIDENTIALITY OF RECORDS.—A medical quality assurance
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record of the Department that is created as part of a medical quality
assurance program—
(1) is confidential and privileged; and
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36
(2) except as provided in subsection (d), may not be disclosed
to any person or entity.
(c) PROHIBITION ON DISCLOSURE AND TESTIMONY.—Except as oth-
erwise provided in this section—
(1) no part of any medical quality assurance record of the De-
partment may be subject to discovery or admitted into evidence
in any judicial or administrative proceeding; and
(2) an individual who reviews or creates a medical quality as-
surance record of the Department or who participates in any
proceeding that reviews or creates a medical quality assurance
record of the Department may not be permitted or required to
testify in any judicial or administrative proceeding with respect
to the record or with respect to any finding, recommendation,
evaluation, opinion, or action taken by that individual in con-
nection with the record.
(d) AUTHORIZED DISCLOSURE AND TESTIMONY.—
(1) IN GENERAL.—Subject to paragraph (2), a medical quality
assurance record of the Department may be disclosed, and a
person described in subsection (c)(2) may give testimony in con-
nection with the record, only as follows:
(A) To a Federal agency or private organization, if the
medical quality assurance record of the Department or tes-
timony is needed by the Federal agency or private organiza-
tion to—
(i) perform licensing or accreditation functions re-
lated to Department health care facilities, a facility af-
filiated with the Department, or any other location au-
thorized by the Secretary for the performance of health
care services; or
(ii) perform monitoring, required by law, of Depart-
ment health care facilities, a facility affiliated with the
Department, or any other location authorized by the
Secretary for the performance of health care services.
(B) To an administrative or judicial proceeding con-
cerning an adverse action related to the credentialing of or
health care provided by a present or former health care pro-
vider by the Department.
(C) To a governmental board or agency or to a profes-
sional health care society or organization, if the medical
quality assurance record of the Department or testimony is
needed by the board, agency, society, or organization to per-
form licensing, credentialing, or the monitoring of profes-
sional standards with respect to any health care provider
who is or was a health care provider for the Department.
(D) To a hospital, medical center, or other institution
that provides health care services, if the medical quality as-
surance record of the Department or testimony is needed by
the institution to assess the professional qualifications of
any health care provider who is or was a health care pro-
vider for the Department and who has applied for or been
granted authority or employment to provide health care
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services in or on behalf of the institution.
(E) To an employee, a detailee, or a contractor of the De-
partment who has a need for the medical quality assurance
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37
record of the Department or testimony to perform official
duties or duties within the scope of their contract.
(F) To a criminal or civil law enforcement agency or in-
strumentality charged under applicable law with the pro-
tection of the public health or safety, if a qualified rep-
resentative of the agency or instrumentality makes a writ-
ten request that the medical quality assurance record of the
Department or testimony be provided for a purpose author-
ized by law.
(G) In an administrative or judicial proceeding com-
menced by a criminal or civil law enforcement agency or in-
strumentality described in subparagraph (F), but only with
respect to the subject of the proceeding.
(2) PERSONALLY IDENTIFIABLE INFORMATION.—
(A) IN GENERAL.—With the exception of the subject of a
quality assurance action, personally identifiable informa-
tion of any person receiving health care services from the
Department or of any other person associated with the De-
partment for purposes of a medical quality assurance pro-
gram that is disclosed in a medical quality assurance
record of the Department shall be deleted from that record
before any disclosure of the record is made outside the De-
partment.
(B) APPLICATION.—The requirement under subparagraph
(A) shall not apply to the release of information that is per-
missible under section 552a of title 5, United States Code
(commonly known as the ‘Privacy Act of 1974’).
(e) DISCLOSURE FOR CERTAIN PURPOSES.—Nothing in this section
shall be construed—
(1) to authorize or require the withholding from any person
or entity aggregate statistical information regarding the results
of medical quality assurance programs; or
(2) to authorize the withholding of any medical quality assur-
ance record of the Department from a committee of either House
of Congress, any joint committee of Congress, or the Comp-
troller General of the United States if the record pertains to any
matter within their respective jurisdictions.
(f) PROHIBITION ON DISCLOSURE OF INFORMATION, RECORD, OR
TESTIMONY.—A person or entity having possession of or access to a
medical quality assurance record of the Department or testimony de-
scribed in this section may not disclose the contents of the record or
testimony in any manner or for any purpose except as provided in
this section.
(g) EXEMPTION FROM FREEDOM OF INFORMATION ACT.—A medical
quality assurance record of the Department shall be exempt from
disclosure under section 552(b)(3) of title 5, United States Code
(commonly known as the ‘Freedom of Information Act’).
(h) LIMITATION ON CIVIL LIABILITY.—A person who participates in
the review or creation of, or provides information to a person or
body that reviews or creates, a medical quality assurance record of
the Department shall not be civilly liable for that participation or
for providing that information if the participation or provision of in-
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formation was provided in good faith based on prevailing profes-
sional standards at the time the medical quality assurance program
activity took place.
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38
(i) APPLICATION TO INFORMATION IN CERTAIN OTHER RECORDS.—
Nothing in this section shall be construed as limiting access to the
information in a record created and maintained outside a medical
quality assurance program, including the medical record of a pa-
tient, on the grounds that the information was presented during
meetings of a review body that are part of a medical quality assur-
ance program.
(j) PENALTY.—Any person who willfully discloses a medical qual-
ity assurance record of the Department other than as provided in
this section, knowing that the record is a medical quality assurance
record of the Department shall be fined not more than $3,000 in the
case of a first offense and not more than $20,000 in the case of a
subsequent offense.
(k) RELATIONSHIP TO COAST GUARD.—The requirements of this
section shall not apply to any medical quality assurance record of
the Department that is created by or for the Coast Guard as part
of a medical quality assurance program.
SEC. 2306. PORTABILITY OF LICENSURE.
ø(a) Notwithstanding¿ (a) IN GENERAL.—Notwithstanding any
other provision of law regarding the licensure of health-care pro-
viders, a health-care professional described in subsection (b) may
practice the health profession or professions of the health-care pro-
fessional at any location in any State, the District of Columbia, or
Commonwealth, territory, or possession of the United States, or
any location designated by the Secretary, regardless of where such
health-care professional or the patient is located, so long as the
practice is within the scope of the authorized Federal duties of such
health-care professional.
(b) DEFINITION. As used in this section, the term ‘‘health-care
professional’’ means an individual (other than a member of the
Coast Guard, a civilian employee of the Coast Guard, member of
the Public Health Service who is assigned to the Coast Guard, or
an individual with whom the Secretary, pursuant to 10 U.S.C.
1091, has entered into a personal services contract to carry out
health care responsibilities of the Secretary at a medical treatment
facility of the Coast Guard) who—
(1) is—
(A) an employee of the Department of Homeland Secu-
rity,
(B) a detailee to the Department from another Federal
agency,
(C) or personal services contractor of the Department, or
(D) hired under a Contract for Services;
(2) performs health care services as part of duties of the indi-
vidual in that capacity;
(3) has a current, valid, and unrestricted equivalent license
certification that is—
(A) issued by a State, the District of Columbia, or a
Commonwealth, territory, or possession of the United
States; and
(B) for the practice of medicine, osteopathic medicine,
dentistry, nursing, emergency medical services, or another
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health profession; and
(4) is not affirmatively excluded from practice in the licens-
ing or certifying jurisdiction or in any other jurisdiction.
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39
ø(c) Subsection (a) shall apply during the incident period of the
emergency declared by the President on March 13, 2020, pursuant
to section 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121(b)), and to any subse-
quent major declaration under section 401 of such Act that super-
sedes such emergency declaration.¿
* * * * * * *
COUNTERING WEAPONS OF MASS
DESTRUCTION ACT OF 2018
* * * * * * *
SEC. 2. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
* * * * * * *
(b) REFERENCES AND CONSTRUCTION.—
(1) * * *
(2) CONSTRUCTION.—Sections 1923 through ø1927¿ 1926 of
the Homeland Security Act of 2002, as redesignated by sub-
section (a), shall be construed to cover the chemical and bio-
logical responsibilities of the Assistant Secretary for the Coun-
tering Weapons of Mass Destruction Office.
* * * * * * *
(g) DEPARTMENT OF HOMELAND SECURITY CHEMICAL, BIOLOGI-
CAL, RADIOLOGICAL, AND NUCLEAR ACTIVITIES.—Not later than
øone year after the date of the enactment of this Act and annual
thereafter,¿ June 30 of each year, the Secretary of Homeland Secu-
rity shall provide a briefing and report to the appropriate congres-
sional committees (as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101)) on—
(1) * * *
(2) a comprehensive inventory of chemical, biological, radio-
logical, and nuclear activities, including research and develop-
ment activities, of the Department of Homeland Security, high-
lighting areas of collaboration between components, coordina-
tion with other agencies, and the effectiveness and accomplish-
ments of consolidated chemical, biological, radiological, and nu-
clear activities of the Department of Homeland øSecurity, in-
cluding research and development activities¿ Security;
(3) * * *
* * * * * * *
SECURITY AND ACCOUNTABILITY FOR EVERY
PORT ACT OF 2006
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Security and
Accountability For Every Port Act of 2006‘‘ or the ‘‘SAFE Port
Act‘‘.
(b) TABLE OF CONTENTS.—The table of contents for this Act is
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as follows:
* * * * * * *
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40
TITLE V—DOMESTIC NUCLEAR DETENTION OFFICE
* * * * * * *
Sec. 501. Establishment of Domestic Nuclear Detection Office.
øSec. 502. Technology research and development investment strategy for nuclear
and radiological detection.¿
* * * * * * *
CORONAVIRUS AID, RELIEF, AND ECONOMIC
SECURITY ACT
* * * * * * *
TITLE VI—DEPARTMENT OF HOMELAND
SECURITY
* * * * * * *
øSEC. 16005. (a) Nonwithstanding any other provision of law re-
garding the licensure of health-care providers, a health-care profes-
sional described in subsection (b) may practice the health profes-
sion or professions of the health-care professional at any location
in any State, the District of Columbia, or Commonwealth, territory,
or possession of the United States, or any location designated by
the Secretary, regardless of where such health-care professional or
the patient is located, so long as the practice is within the scope
of the authorized Federal duties of such health-care professional.
ø(b) DEFINITION. As used in this section, the term health-care
professional means an individual (other than a member of the
Coast Guard, a civilian employee of the Coast Guard, member of
the Public Health Service who is assigned to the Coast Guard, or
an individual with whom the Secretary, pursuant to 10 U.S.C.
1091, has entered into a personal services contract to carry out
health care responsibilities of the Secretary at a medical treatment
facility of the Coast Guard) who—
ø(1) is—
ø(A) an employee of the Department of Homeland Secu-
rity,
ø(B) a detailee to the Department from another Federal
agency,
ø(C) or personal services contractor of the Department,
or
ø(D) hired under a Contract for Services;
ø(2) performs health care services as part of duties of the in-
dividual in that capacity;
ø(3) has a current, valid, and unrestricted equivalent license
certification that is—
ø(A) issued by a State, the District of Columbia, or a
Commonwealth, territory, or possession of the United
States; and
ø(B) for the practice of medicine, osteopathic medicine,
dentistry, nursing, emergency medical services, or another
health profession; and
ø(4) is not affirmatively excluded from practice in the licens-
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ing or certifying jurisdiction or in any other jurisdiction.
ø(c) Subsection (a) shall apply during the incident period of the
emergency declared by the President on March 13, 2020, pursuant
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41
to section 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121(b)), and to any subse-
quent major declaration under section 401 of such Act that super-
sedes such emergency declaration.¿
* * * * * * *
Æ
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