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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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Congressional materials
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Crpt Crpt 117Srpt276 Crpt 117Srpt276
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Crpt Crpt 117Srpt276 Crpt 117Srpt276

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“Offices of Countering Weapons of Mass Destruction and Health Security Act of 2022: Senate Report 117-276.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117srpt276-crpt-117srpt276/, SHA-256 41e598823813ef259e43773d77c54249fc747cdf01316ca12d9b98a98bce9d0f.

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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


                                                                                                                         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




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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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                                                                                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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                                                                                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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                                                                                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-




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                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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                                                                                       (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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                                                                                        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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                                                                                                   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-




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                     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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                                                                                       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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                                                                                  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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
                                                                                     (a) * * *
                                                                                     (b) * * *




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                                                                                   (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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                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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                                                                                                (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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                                                                                            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-




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                            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;




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                         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-




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                             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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                                                                                              (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¿;




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                                    (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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                        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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                                                                                    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-




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                       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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                                                                                          (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-




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                          priate;
                                                                                            ø(C) ensuring adequate partnerships with manufactur-
                                                                                          ers and executive agencies that enable advance




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                                                                                          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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                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;




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                            (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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                          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-




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                          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




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                       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-




DMWilson on DSKJM0X7X2PROD with REPORTS
                                                                                     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




DMWilson on DSKJM0X7X2PROD with REPORTS



                                          VerDate Sep 11 2014   06:33 Jan 20, 2023   Jkt 039010   PO 00000   Frm 00043   Fmt 6659    Sfmt 6611   E:\HR\OC\SR276.XXX   SR276


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