,,ii  #aagth ,,congress  #b;d ,session  
,s4 #ddfe  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bc1     
#bjbb,mr4 ,peters 7for himself and ,mr4 
,portman7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,homeland ,security   
and ,governmental ,affairs  ,a ,,bill   
,to establish a ,countering ,weapons of 
,mass ,destruction ,office and an       
,office of ,health ,security in the     
,department of ,homeland ,security1 and 
for other purposes4  #a4 ,short title1  
table of contents  7a7 ,short title     
,this ,act may be cited as the ,offices 
of ,countering ,weapons of ,mass        
,destruction and ,health ,security ,act 
of #bjbb4  7b7 ,table of contents ,the  
table of contents for this ,act is as   
follows3 ,sec4 #a4 ,short title1 table  
of contents4,,title ,i--,countering     
,weapons of ,mass ,destruction          
,office,sec4 #aja4 ,countering ,weapons 
of ,mass ,destruction ,office4,sec4     
#ajb4 ,rule of construction4,,title     

,,ii--,office of ,health ,security,sec4 
#bja4 ,office of ,health ,security4,sec4
 #bjb4 ,medical countermeasures         
program4,sec4 #bjc4 ,confidentiality of 
medical quality assurance records4,sec4 
#bjd4 ,portability of licensure4,sec4   
#bje4 ,technical and conforming         
amendments4  ,i ,countering ,weapons of 
,mass ,destruction ,office  #aja4       
,countering ,weapons of ,mass           
,destruction ,office  7a7 ,homeland     
,security ,act of #bjjb ,title ,,xix of 
the ,homeland ,security ,act of #bjjb   
7#f ,u4,s4,c4 #eij et seq47 is amended--
 7#a7 in section #aija 7#f ,u4,s4,c4    
#eia7-- 7,a7 in subsection 7c71 by      
amending paragraphs 7#a7 and 7#b7 to    
read as follows3  7#a7 matters and      
strategies pertaining to-- 7,a7 weapons 
of mass destruction2 and  7,b7 chemical1
 biological1 radiological1 nuclear1 and 
other related emerging threats2 and     
7#b7 coordinating the efforts of the    
,department to counter-- 7,a7 weapons of
 mass destruction2 and  7,b7 chemical1  

biological1 radiological1 nuclear1 and  
other related emerging threats4  2 and  
7,b7 by striking subsection 7e72  7#b7  
by amending section #aiba 7#f ,u4,s4,c4 
#eia;g7 to read as follows3  #aiba4     
,mission of the ,office ,the ,office    
shall be responsible for-- 7#a7         
coordinating the efforts of the         
,department to counter-- 7,a7 weapons of
 mass destruction2 and  7,b7 chemical1  
biological1 radiological1 nuclear1 and  
other related emerging threats2 and     
7#b7 enhancing the ability of ,federal1 
,state1 local1 ,tribal1 and territorial 
partners to prevent1 detect1 protect    
against1 and mitigate the impacts of    
attacks using-- 7,a7 weapons of mass    
destruction against the ,united ,states2
 and  7,b7 chemical1 biological1        
radiological1 nuclear1 and other related
 emerging threats against the ,united   
,states4  2  7#c7 in section #aibb 7#f  
,u4,s4,c4 #eia;h7-- 7,a7 by striking    
subsection 7b72 and  7,b7 by            
redesignating subsection 7c7 as         

subsection 7b72  7#d7 in section #aibc  
7#f ,u4,s4,c4 #eib7-- 7,a7 by           
redesignating subsections 7a7 and 7b7 as
 subsections 7b7 and 7d71 respectively2 
7,b7 by inserting before subsection 7b7 
the following3  7a7 ,office             
responsibilities  7#a7 ,in general ,for 
the purposes of coordinating the efforts
 of the ,department to counter weapons  
of mass destruction and chemical1       
biological1 radiological1 and nuclear   
threats1 the ,office shall-- 7,a7       
provide expertise and guidance to       
,department leadership and components on
 chemical1 biological1 radiological1 and
 nuclear matters1 subject to the        
research1 development1 testing1 and     
evaluation coordination requirement     
described in subparagraph 7,g72  7,b7 in
 coordination with the ,office for      
,strategy1 ,policy1 and ,plans1 lead    
development of policies and strategies  
to counter weapons of mass destruction  
and chemical1 biological1 radiological1 
and nuclear threats on behalf of the    

,department2  7,c7 identify1 assess1 and
 prioritize capability gaps relating to 
the ,department's chemical1 biological1 
radiological1 and nuclear strategic and 
mission objectives2  7,d7 in            
coordination with the ,office of        
,intelligence and ,analysis1 support    
components of the ,department1 and      
,federal1 ,state1 local1 ,tribal1 and   
territorial partners1 provide           
intelligence and information analysis   
and reports on weapons of mass          
destruction and chemical1 biological1   
radiological1 nuclear1 and other related
 emerging threats2  7,e7 in consultation
 with the ,science and ,technology      
,directorate1 assess risk to the ,united
 ,states from weapons of mass           
destruction and chemical1 biological1   
radiological1 nuclear1 and other related
 emerging threats2  7,f7 lead           
development and prioritization of       
,department requirements to counter     
weapons of mass destruction and         
chemical1 biological1 radiological1 and 

nuclear threats1 subject to the         
research1 development1 testing1 and     
evaluation coordination requirement     
described in subparagraph 7,g71 which   
requirements shall be-- 7i7 developed in
 coordination with end users2 and  7ii7 
reviewed by the ,joint ,requirements    
,council1 as directed by the ,secretary2
  7,g7 in coordination with the ,science
 and ,technology ,directorate1 direct1  
fund1 and coordinate capability         
development activities to counter       
weapons of mass destruction and all     
chemical1 biological1 radiological1 and 
nuclear research1 development1 test1 and
 evaluation matters1 including research1
 development1 testing1 and evaluation   
expertise1 threat characterization1     
technology maturation1 prototyping1 and 
technology transition2  7,h7 acquire1   
procure1 and deploy counter weapons of  
mass destruction capabilities1 and serve
 as the lead advisor of the ,department 
on component acquisition1 procurement1  
and deployment of counter-weapons of    

mass destruction capabilities2  7,i7 in 
coordination with the ,office of ,health
 ,security1 support components of the   
,department1 and ,federal1 ,state1      
local1 ,tribal1 and territorial partners
 on chemical1 biological1 radiological1 
and nuclear health matters2  7,j7       
provide chemical1 biological1           
radiological1 and nuclear expertise to  
,department and ,federal partners to    
support engagements and efforts with    
international partners subject to the   
research1 development1 testing1 and     
evaluation coordination requirement     
under subparagraph 7,g72 and  7,k7 carry
 out any other duties assigned to the   
,office by the ,secretary4  7#b7        
,detection and reporting ,for purposes  
of the chemical1 biological1            
radiological1 and nuclear detection and 
reporting responsibilities of the       
,office1 the ,office shall-- 7,a7 in    
coordination with end users1 including  
,state1 local1 ,tribal1 and territorial 
partners1 as appropriate-- 7i7 carry out

 a program to test and evaluate         
technology1 in consultation with the    
,science and ,technology ,directorate1  
to detect and report on chemical1       
biological1 radiological1 and nuclear   
weapons or unauthorized material1 in    
coordination with other ,federal        
agencies1 as appropriate1 and establish 
performance metrics to evaluate the     
effectiveness of individual detectors   
and detection systems in detecting those
 weapons or material-- 7,i7 under       
realistic operational and environmental 
conditions2 and  7,,ii7 against         
realistic adversary tactics and         
countermeasures2  7,b7 in coordination  
with end users1 conduct1 support1       
coordinate1 and encourage a             
transformational program of research and
 development to generate and improve    
technologies to detect1 protect against1
 and report on the illicit entry1       
transport1 assembly1 or potential use   
within the ,united ,states of chemical1 
biological1 radiological1 and nuclear   

weapons or unauthorized material1 and   
coordinate with the ,under ,secretary   
for ,science and ,technology on research
 and development efforts relevant to the
 mission of the ,office and the ,under  
,secretary for ,science and ,technology2
  7,c7 before carrying out operational  
testing under subparagraph 7,a71 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 evaluation2  7,d7 develop1 acquire1
 and deploy equipment to detect and     
report on chemical1 biological1         
radiological1 and nuclear weapons or    
unauthorized material in support of     
,federal1 ,state1 local1 ,tribal1 and   
territorial governments2  7,e7 support  
and enhance the effective sharing and   
use of appropriate information on       
chemical1 biological1 radiological1 and 
nuclear threats and related emerging    
issues generated by elements of the     

intelligence community 7as defined in   
section #c of the ,national ,security   
,act of #aidg 7#ej ,u4,s4,c4 #cjjc771   
law enforcement agencies1 other ,federal
 agencies1 ,state1 local1 ,tribal1 and  
territorial governments1 and foreign    
governments1 as well as provide         
appropriate information to those        
entities2  7,f7 consult1 as appropriate1
 with the ,federal ,emergency           
,management ,agency and other           
departmental components1 on chemical1   
biological1 radiological1 and nuclear   
threats and efforts to mitigate1        
prepare1 and respond to all threats in  
support of the ,state1 local1 and       
,tribal communities2 and  7,g7 perform  
other duties as assigned by the         
,secretary4  2  7,c7 in subsection 7b71 
as so redesignated-- 7i7 in the         
subsection heading1 by striking ,mission
 and inserting ,radiological and nuclear
 responsibilities2  7ii7 in paragraph   
7#a7-- 7,i7 by inserting deploy1 after  
acquire12 and  7,,ii7 by striking       

deployment and inserting operations2    
7iii7 by striking paragraphs 7#f7       
through 7#aj72  7iv7 redesignating      
paragraphs 7#aa7 and 7#ab7 as paragraphs
 7#f7 and 7#g71 respectively2  7v7 in   
paragraph 7#f77;,b71 as so redesignated1
 by striking national strategic         
five-year plan referred to in paragraph 
7#aj7 and inserting ,united ,states     
national technical nuclear forensics    
strategic planning2  7vi7 in paragraph  
7#g77;,c77v71 as so redesignated-- 7,i7 
in the matter preceding subclause 7,i71 
by inserting except as otherwise        
provided1 before require2 and  7,,ii7 in
 subclause 7,,ii7-- 7aa7 in the matter  
preceding item 7aa71 by striking death  
or disability and inserting death1      
disability1 or a finding of good cause  
as determined by the ,assistant         
,secretary 7including extreme hardship1 
extreme need1 or the needs of the       
,office7 and for which the ,assistant   
,secretary may grant a waiver of the    
repayment obligation2 and  7bb7 in item 

7bb71 by adding and at the end2  7vii7  
by striking paragraph 7#ac72 and  7viii7
 by redesignating paragraph 7#ad7 as    
paragraph 7#h72 and  7,d7 by inserting  
after subsection 7b71 as so             
redesignated1 the following3  7c7       
,chemical and biological                
responsibilities ,the ,office-- 7#a7    
shall be responsible for coordinating   
with other ,federal efforts to enhance  
the ability of ,federal1 ,state1 local1 
and ,tribal governments to prevent1     
detect1 protect against1 and mitigate   
the impacts of chemical and biological  
threats against the ,united ,states2 and
  7#b7 shall-- 7,a7 serve as a primary  
entity of the ,federal ,government to   
further develop1 acquire1 deploy1 and   
support the operations of a national    
biosurveillance system in support of    
,federal1 ,state1 local1 ,tribal1 and   
territorial governments1 and improve    
that system over time2  7,b7 enhance the
 chemical and biological detection      
efforts of ,federal1 ,state1 local1     

,tribal1 and territorial governments and
 provide guidance1 tools1 and training  
to help ensure a managed1 coordinated   
response2 and  7,c7 collaborate with the
 ,biomedical ,advanced ,research and    
,development ,authority1 the ,office of 
,health ,security1 the ,defense         
,advanced ,research ,projects ,agency1  
and the ,national ,aeronautics and      
,space ,administration1 and other       
relevant ,federal stakeholders1 and     
receive input from industry1 academia1  
and the national laboratories on        
chemical and biological surveillance    
efforts4  2  7#e7 in section #aibd 7#f  
,u4,s4,c4 #eic71 by striking section    
#aajaa of the ,strom ,thurmond ,national
 ,defense ,authorization ,act for       
,fiscal ,year #aiii 7#e ,u4,s4,c4 #cajd 
note74 and inserting section #djib of   
title #aj1 ,united ,states ,code1 except
 that the authority shall be limited to 
facilitate the recruitment of experts in
 the chemical1 biological1 radiological1
 or nuclear specialties42  7#f7 in      

section #aibg7;a77#a77;,c7 7#f ,u4,s4,c4
 #eif;a7a77#a77;,c77-- 7,a7 in clause   
7i71 by striking required under section 
#ajcf of the ,national ,defense         
,authorization ,act for ,fiscal ,year   
#bjaj2  7,b7 in clause 7ii71 by striking
 and at the end2  7,c7 in clause 7iii71 
by striking the period at the end and   
inserting 2 and2 and  7,d7 by adding at 
the end the following3  7iv7 includes   
any other information regarding national
 technical nuclear forensics activities 
carried out under section #aibc4  2     
7#g7 in section #aibh 7#f ,u4,s4,c4     
#eif;b7-- 7,a7 in subsection 7c77#a71 by
 striking from among high-risk urban    
areas under section #bjjc and inserting 
based on the capability and capacity of 
the jurisdiction1 as well as the        
relative threat1 vulnerability1 and     
consequences from terrorist attacks and 
other high-consequence events utilizing 
nuclear or other radiological materials2
 and  7,b7 by striking subsection 7d7   
and inserting the following3  7d7       

,report ,not later than #b years after  
the date of enactment of the ,offices of
 ,countering ,weapons of ,mass          
,destruction and ,health ,security ,act 
of #bjbb1 the ,secretary shall submit to
 the appropriate congressional          
committees an update on the ,,stc       
program4  2 and  7#h7 by adding at the  
end the following3  #aibi4              
,accountability  7a7 ,departmentwide    
strategy ,not later than #ahj days after
 the date of enactment of ,offices of   
,countering ,weapons of ,mass           
,destruction and ,health ,security ,act 
of #bjbb1 and every #d years thereafter1
 the ,secretary1 in coordination with   
the ,deputy ,secretary1 shall create a  
,departmentwide strategy and            
implementation plan to counter weapons  
of mass destruction and chemical1       
biological1 radiological1 and nuclear   
threats1 which should-- 7#a7 have       
clearly identified authorities1         
specified roles1 objectives1 benchmarks1
 accountability1 and timelines2  7#b7   

incorporate the perspectives of         
non-,federal and private sector         
partners2 and  7#c7 articulate how the  
,department will contribute to relevant 
national-level strategies and work with 
other ,federal agencies4  7b7           
,consideration ,the ,secretary shall    
appropriately consider chemical1        
biological1 radiological1 nuclear1 and  
emerging threats when creating the      
strategy and implementation plan        
required under subsection 7a74  7c7     
,report ,the ,office shall submit to the
 appropriate congressional committees a 
report on the updated ,departmentwide   
strategy and implementation plan        
required under subsection 7a74  7d7     
,employee morale ,not later than #ahj   
days after the date of enactment of the 
,offices of ,countering ,weapons of     
,mass ,destruction and ,health ,security
 ,act of #bjbb1 the ,office shall submit
 to and brief the appropriate           
congressional committees on a strategy  
and plan to continuously improve morale 

within the ,office4  7e7 ,comptroller   
,general ,not later than #a year after  
the date of enactment of the ,offices of
 ,countering ,weapons of ,mass          
,destruction and ,health ,security ,act 
of #bjbb1 the ,comptroller ,general of  
the ,united ,states shall conduct a     
review of and brief the appropriate     
congressional committees on-- 7#a7 the  
efforts of the ,office to prioritize the
 programs and activities that carry out 
the mission of the ,office1 including   
research and development2  7#b7 the     
consistency and effectiveness of        
stakeholder coordination across the     
countering weapons of mass destruction  
mission1 including operational and      
support components of the ,department   
and ,state and local entities2 and  7#c7
 the efforts of the ,office to manage   
and coordinate the lifecycle of research
 and development within the ,office and 
with other components of the            
,department1 including the ,science and 
,technology ,directorate4  7f7 ,national

 ,academies of ,sciences1 ,engineering1 
and ,medicine  7#a7 ,study ,the         
,secretary shall enter into an agreement
 with the ,national ,academies of       
,sciences1 ,engineering1 and ,medicine  
to conduct a consensus study and report 
to the ,secretary and the appropriate   
congressional committees on-- 7,a7 the  
role of the ,department in preparing1   
detecting1 and responding to biological 
and health security threats to the      
homeland2  7,b7 recommendations to      
improve departmental biosurveillance    
efforts against biological threats1     
including any relevant biological       
detection methods and technologies2 and 
7,c7 the feasibility of different       
technological advances for biodetection 
compared to the cost1 risk reduction1   
and timeliness of those advances4  7#b7 
,briefing ,not later than #a year after 
the date on which the ,secretary        
receives the report required under      
paragraph 7#a71 the ,secretary shall    
brief the appropriate congressional     

committees on-- 7,a7 the implementation 
of the recommendations included in the  
report2 and  7,b7 the status of         
biological detection at the ,department1
 and1 if applicable1 timelines for the  
transition from ,biowatch to updated    
technology4  7g7 ,advisory ,council     
7#a7 ,establishment ,not later than #ahj
 days after the date of enactment of the
 ,offices of ,countering ,weapons of    
,mass ,destruction and ,health ,security
 ,act of #bjbb1 the ,secretary shall    
establish an advisory body to ensure    
effective and ongoing coordination of   
the efforts of the ,department to       
counter weapons of mass destruction1 to 
be known as the ,advisory ,council for  
,countering ,weapons of ,mass           
,destruction 7in this subsection        
referred to as the ,advisory ,council74 
7#b7 ,membership ,the members of the    
,advisory ,council shall-- 7,a7 be      
appointed by the ,assistant ,secretary2 
and  7,b7 to the extent practicable1    
represent a geographic 7including urban 

and rural7 and substantive cross section
 of officials1 from ,state1 local1 and  
,tribal governments1 academia1 the      
private sector1 national laboratories1  
and nongovernmental organizations1      
including1 as appropriate-- 7i7 members 
selected from the emergency management  
field and emergency response providers2 
7ii7 ,state1 local1 and ,tribal         
government officials2  7iii7 experts in 
the public and private sectors with     
expertise in chemical1 biological1      
radiological1 and nuclear agents and    
weapons2  7iv7 representatives from the 
national laboratories2 and  7v7 such    
other individuals as the ,assistant     
,secretary determines to be appropriate4
  7#c7 ,responsibilities ,the ,advisory 
,council shall-- 7,a7 advise the        
,assistant ,secretary on all aspects of 
countering weapons of mass destruction2 
7,b7 incorporate ,state1 local1 and     
,tribal government1 national            
laboratories1 and private sector input  
in the development of the strategy and  

implementation plan of the ,department  
for countering weapons of mass          
destruction2 and  7,c7 establish        
performance criteria for a national     
biological detection system and review  
the testing protocol for biological     
detection prototypes4  7#d7             
,consultation ,to ensure input from and 
coordination with ,state1 local1 and    
,tribal governments1 the ,assistant     
,secretary shall regularly consult and  
work with the ,advisory ,council on the 
administration of ,federal assistance   
provided by the ,department1 including  
with respect to the development of      
requirements for countering weapons of  
mass destruction programs1 as           
appropriate4  7#e7 ,voluntary service   
,the members of the ,advisory ,council  
shall serve on the ,advisory ,council on
 a voluntary basis4  7#f7 ,,faca ,the   
,federal ,advisory ,committee ,act 7#e  
,u4,s4,c4 ,app47 shall not apply to the 
,advisory ,council4  4  7b7 ,countering 
,weapons of ,mass ,destruction ,act of  

#bjah ,section #b of the ,countering    
,weapons of ,mass ,destruction ,act of  
#bjah 7,public ,law #aae-chg2 #acb      
,stat4 #eafb7 is amended-- 7#a7 in      
subsection 7b77#b7 7#f ,u4,s4,c4 #eia   
note71 by striking #aibg and inserting  
#aibf2 and  7#b7 in subsection 7g7 7#f  
,u4,s4,c4 #eia note7-- 7,a7 in the      
matter preceding paragraph 7#a71 by     
striking one year after the date of the 
enactment of this ,act1 and annually    
thereafter1 and inserting ,june #cj of  
each year12 and  7,b7 in paragraph 7#b71
 by striking ,security1 including       
research and development activities and 
inserting ,security4  7c7 ,security and 
,accountability for ,every ,port ,act of
 #bjjf ,the ,security and               
,accountability for ,every ,port ,act of
 #bjjf 7#f ,u4,s4,c4 #ija et seq47 is   
amended-- 7#a7 in section #a7;b7        
7,public ,law #aji-cdg2 #abj ,stat      
#ahhd71 by striking the item relating to
 section #ejb2 and  7#b7 by striking    
section #ejb 7#f ,u4,s4,c4 #eib;a74     

#ajb4 ,rule of construction ,nothing in 
this title or the amendments made by    
this title shall be construed to affect 
or diminish the authorities or          
responsibilities of the ,under          
,secretary for ,science and ,technology4
  ,,ii ,office of ,health ,security     
#bja4 ,office of ,health ,security  7a7 
,establishment ,the ,homeland ,security 
,act of #bjjb 7#f ,u4,s4,c4 #aja et     
seq47 is amended-- 7#a7 in section #ajc 
7#f ,u4,s4,c4 #aac7-- 7,a7 in subsection
 7a77#b7-- 7i7 by striking the          
,assistant ,secretary for ,health       
,affairs12 and  7ii7 by striking        
,affairs1 or and inserting ,affairs or2 
and  7,b7 in subsection 7d71 by adding  
at the end the following3  7#f7 ,a      
,chief ,medical ,officer4  2  7#b7 by   
adding at the end the following3        
,,xxiii ,office of ,health ,security  2 
7#c7 by redesignating section #aica 7#f 
,u4,s4,c4 #eig7 as section #bcja and    
transferring such section to appear     
after the heading for title ,,xxiii1 as 

added by paragraph 7#b72 and  7#d7 in   
section #bcja1 as so redesignated-- 7,a7
 in the section heading1 by striking    
,chief ,medical ,officer and inserting  
,office of ,health ,security2  7,b7 by  
striking subsections 7a7 and 7b7 and    
inserting the following3  7a7 ,in       
general ,there is established in the    
,department an ,office of ,health       
,security4  7b7 ,head of ,office of     
,health ,security ,the ,office of       
,health ,security shall be headed by a  
chief medical officer1 who shall-- 7#a7 
be the ,assistant ,secretary for ,health
 ,security and the ,chief ,medical      
,officer of the ,department2  7#b7 be a 
licensed physician possessing a         
demonstrated ability in and knowledge of
 medicine and public health2  7#c7 be   
appointed by the ,president2 and  7#d7  
report directly to the ,secretary4  2   
7,c7 in subsection 7c7-- 7i7 in the     
matter preceding paragraph 7#a71 by     
striking medical issues related to      
natural disasters1 acts of terrorism1   

and other man-made disasters and        
inserting oversight of all medical1     
public health1 and workforce safety     
matters of the ,department2  7ii7 in    
paragraph 7#a71 by striking 1 the       
,administrator of the ,federal          
,emergency ,management ,agency1 the     
,assistant ,secretary1 and other        
,department officials and inserting and 
all other ,department officials2  7iii7 
in paragraph 7#d71 by striking and at   
the end2  7iv7 by redesignating         
paragraph 7#e7 as paragraph 7#ab72 and  
7v7 by inserting after paragraph 7#d7   
the following3  7#e7 overseeing all     
medical and public health activities of 
the ,department1 including the delivery1
 advisement1 and oversight of direct    
patient care and the organization1      
management1 and staffing of component   
operations that deliver direct patient  
care2  7#f7 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 capacity  
of chief medical officer and deputy     
chief medical officer2  7#g7 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 skill2  7#h7 advising
 the ,secretary and the head of each    
component of the ,department that       
delivers patient care regarding the     
collection1 storage1 and oversight of   
medical records2  7#i7 in consultation  
with the ,chief ,information ,officer of
 the ,department-- 7,a7 identifying     
methods and technologies for managing1  
updating1 and overseeing patient        
records2 and  7,b7 setting standards for
 technology used by the components of   
the ,department regarding the           
collection1 storage1 and oversight of   
medical records2  7#aj7 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 care1 other medical services1   
and medical supplies2  7#aa7            
coordinating with the ,countering       
,weapons of ,mass ,destruction ,office  
and other components of the ,department 
as directed by the ,secretary to enhance
 the ability of ,federal1 ,state1 local1
 ,tribal1 and territorial governments to
 prevent1 detect1 protect against1 and  
mitigate the health effects of chemical1
 biological1 radiological1 and nuclear  
issues2 and  2 and  7,d7 by adding at   
the end the following3  7d7 ,assistance 
and agreements ,the ,secretary1 acting  
through the ,chief ,medical ,officer1 in
 support of the medical and public      
health activities of the ,department1   
may-- 7#a7 provide technical assistance1
 training1 and information and          
distribute funds through grants and     
cooperative agreements to ,state1 local1

 ,tribal1 and territorial governments   
and nongovernmental organizations2  7#b7
 enter into other transactions2  7#c7   
enter into agreements with other        
,federal agencies2 and  7#d7 accept     
services from personnel of components of
 the ,department and other ,federal     
agencies on a reimbursable or           
nonreimbursable basis4  7e7 ,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        
,office1 who shall-- 7#a7 report        
directly to the ,chief ,medical         
,officer2 and  7#b7 ensure privacy      
protections are integrated into all     
,office of ,health ,security activities1
 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 #bbb4  2  
7#e7 by redesignating section #gaj 7#f  

,u4,s4,c4 #cej7 as section #bcjb and    
transferring such section to appear     
after section #bcja1 as so redesignated2
  7#f7 in section #bcjb1 as so          
redesignated-- 7,a7 in subsection 7a71  
by striking ,under ,secretary for       
,management each place that term appears
 and inserting ,chief ,medical ,officer2
 and  7,b7 in subsection 7b7-- 7i7 in   
the matter preceding paragraph 7#a71 by 
striking ,under ,secretary for          
,management1 in coordination with the   
,chief ,medical ,officer1 and inserting 
,chief ,medical ,officer2 and  7ii7 in  
paragraph 7#c71 by striking as deemed   
appropriate by the ,under ,secretary12  
7#g7 by redesignating section #ebh 7#f  
,u4,s4,c4 #cbaq7 as section #bcjc and   
transferring such section to appear     
after section #bcjb1 as so redesignated2
 and  7#h7 in section #bcjc7;a71 as so  
redesignated1 by striking ,assistant    
,secretary for the ,countering ,weapons 
of ,mass ,destruction ,office and       
inserting ,chief ,medical ,officer4  7b7

 ,transition and transfers  7#a7        
,transition ,the individual appointed   
pursuant to section #aica of the        
,homeland ,security ,act of #bjjb 7#f   
,u4,s4,c4 #eig7 of the ,department of   
,homeland ,security1 as in effect on the
 day before the date of enactment of    
this ,act1 and serving as the ,chief    
,medical ,officer of the ,department of 
,homeland ,security on the day before   
the date of enactment of this ,act1     
shall continue to serve as the ,chief   
,medical ,officer of the ,department on 
and after the date of enactment of this 
,act without the need for reappointment4
  7#b7 ,rule of construction ,the rule  
of construction described in section    
#b7;hh7 of the ,presidential            
,appointment ,efficiency and            
,streamlining ,act of #bjaa 7#e         
,u4,s4,c4 #cacb note7 shall not apply to
 the ,chief ,medical ,officer of the    
,department of ,homeland ,security1     
including the incumbent who holds the   
position on the day before the date of  

enactment of this ,act1 and such officer
 shall be paid pursuant to section      
#cacb7;a77#b7 or #ecae of title #e1     
,united ,states ,code4  7#c7 ,transfer  
,the ,secretary of ,homeland ,security  
shall transfer to the ,chief ,medical   
,officer of the ,department of ,homeland
 ,security-- 7,a7 all functions1        
personnel1 budget authority1 and assets 
of the ,under ,secretary for ,management
 relating to workforce health and       
medical support1 as in existence on the 
day before the date of enactment of this
 ,act2  7,b7 all functions1 personnel1  
budget authority1 and assets of the     
,assistant ,secretary for the           
,countering ,weapons of ,mass           
,destruction ,office relating to the    
,chief ,medical ,officer1 including the 
,medical ,operations ,directorate of the
 ,countering ,weapons of ,mass          
,destruction ,office1 as in existence on
 the day before the date of enactment of
 this ,act2 and  7,c7 all functions1    
personnel1 budget authority1 and assets 

of the ,assistant ,secretary for the    
,countering ,weapons of ,mass           
,destruction ,office associated with the
 efforts pertaining to the program      
coordination activities relating to     
defending the food1 agriculture1 and    
veterinary defenses of the ,office1 as  
in existence on the day before the date 
of enactment of this ,act4  #bjb4       
,medical countermeasures program ,the   
,homeland ,security ,act of #bjjb 7#f   
,u4,s4,c4 #aja et seq47 is amended by   
redesignating section #aicb 7#f         
,u4,s4,c4 #eig;a7 as section #bcjd and  
transferring such section to appear     
after section #bcjc1 as so redesignated 
by section #bja of this ,act4  #bjc4    
,confidentiality of medical quality     
assurance records ,title ,,xxiii of the 
,homeland ,security ,act of #bjjb1 as   
added by this ,act1 is amended by adding
 at the end the following3  #bcje4      
,confidentiality of medical quality     
assurance records  7a7 ,definitions ,in 
this section3 7#a7 ,health care provider

 ,the term health care provider means an
 individual who-- 7,a7 is-- 7i7 an      
employee of the ,department2  7ii7 a    
detailee to the ,department from another
 ,federal agency2  7iii7 a personal     
services contractor of the ,department2 
or  7iv7 hired under a contract for     
services2  7,b7 performs health care    
services as part of duties of the       
individual in that capacity2 and  7,c7  
has a current1 valid1 and unrestricted  
license or certification-- 7i7 that is  
issued by a ,state1 the ,district of    
,columbia1 or a commonwealth1 territory1
 or possession of the ,united ,states2  
and  7ii7 that is for the practice of   
medicine1 osteopathic medicine1         
dentistry1 nursing1 emergency medical   
services1 or another health profession4 
7#b7 ,medical quality assurance program 
,the term medical quality assurance     
program means any activity carried out  
by the ,department to assess the quality
 of medical care1 including activities  
conducted by individuals1 committees1 or

 other review bodies responsible for    
quality assurance1 credentials1         
infection control1 incident reporting1  
the delivery1 advisement1 and oversight 
of direct patient care and assessment   
7including treatment procedures1 blood1 
drugs1 and therapeutics71 medical       
records1 health resources management    
review1 and identification and          
prevention of medical1 mental health1 or
 dental incidents and risks4  7#c7      
,medical quality assurance record of the
 ,department ,the term medical quality  
assurance record of the ,department     
means all information1 including the    
proceedings1 records 7including patient 
records that the ,department creates and
 maintains as part of a system of       
records71 minutes1 and reports that--   
7,a7 emanate from quality assurance     
program activities described in         
paragraph 7#b72 and  7,b7 are produced  
or compiled by the ,department as part  
of a medical quality assurance program4 
7b7 ,confidentiality of records ,a      

medical quality assurance record of the 
,department that is created as part of a
 medical quality assurance program--    
7#a7 is confidential and privileged2 and
  7#b7 except as provided in subsection 
7d71 may not be disclosed to any person 
or entity4  7c7 ,prohibition on         
disclosure and testimony ,except as     
otherwise provided in this section--    
7#a7 no part of any medical quality     
assurance record of the ,department may 
be subject to discovery or admitted into
 evidence in any judicial or            
administrative proceeding2 and  7#b7 an 
individual who reviews or creates a     
medical quality assurance 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    
finding1 recommendation1 evaluation1    
opinion1 or action taken by that        

individual in connection with the       
record4  7d7 ,authorized disclosure and 
testimony  7#a7 ,in general ,subject to 
paragraph 7#b71 a medical quality       
assurance record of the ,department may 
be disclosed1 and a person described in 
subsection 7c77#b7 may give testimony in
 connection with the record1 only as    
follows3 7,a7 ,to a ,federal agency or  
private organization1 if the medical    
quality assurance record of the         
,department or testimony is needed by   
the ,federal agency or private          
organization to-- 7i7 perform licensing 
or accreditation functions related to   
,department health care facilities1 a   
facility affiliated with the            
,department1 or any other location      
authorized by the ,secretary for the    
performance of health care services2 or 
7ii7 perform monitoring1 required by    
law1 of ,department health care         
facilities1 a facility affiliated with  
the ,department1 or any other location  
authorized by the ,secretary for the    

performance of health care services4    
7,b7 ,to an administrative or judicial  
proceeding concerning an adverse action 
related to the credentialing of or      
health care provided by a present or    
former health care provider by the      
,department4  7,c7 ,to a governmental   
board or agency or to a professional    
health care society or organization1 if 
the medical quality assurance record of 
the ,department or testimony is needed  
by the board1 agency1 society1 or       
organization to perform licensing1      
credentialing1 or the monitoring of     
professional standards with respect to  
any health care provider who is or was a
 health care provider for the           
,department4  7,d7 ,to a hospital1      
medical center1 or other institution    
that provides health care services1 if  
the medical quality assurance 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 provider for the ,department
 and who has applied for or been granted
 authority or employment to provide     
health care services in or on behalf of 
the institution4  7,e7 ,to an employee1 
a detailee1 or a contractor of the      
,department who has a need for the      
medical quality assurance record of the 
,department or testimony to perform     
official duties or duties within the    
scope of their contract4  7,f7 ,to a    
criminal or civil law enforcement agency
 or instrumentality charged under       
applicable law with the protection of   
the public health or safety1 if a       
qualified representative of the agency  
or instrumentality makes a written      
request that the medical quality        
assurance record of the ,department or  
testimony be provided for a purpose     
authorized by law4  7,g7 ,in an         
administrative or judicial proceeding   
commenced by a criminal or civil law    
enforcement agency or instrumentality   
described in subparagraph 7,f71 but only

 with respect to the subject of the     
proceeding4  7#b7 ,personally           
identifiable information  7,a7 ,in      
general ,with the exception of the      
subject of a quality assurance action1  
personally identifiable information of  
any person receiving health care        
services from the ,department or of any 
other person associated with the        
,department for purposes of a medical   
quality assurance program 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 ,department4  7,b7 ,application    
,the requirement under subparagraph 7,a7
 shall not apply to the release of      
information that is permissible under   
section #eeb;a of title #e1 ,united     
,states ,code 7commonly known as the    
,privacy ,act of #aigd74  7e7           
,disclosure for certain purposes        
,nothing in this section shall be       
construed-- 7#a7 to authorize or require

 the withholding from any person or     
entity aggregate statistical information
 regarding the results of medical       
quality assurance programs2 or  7#b7 to 
authorize the withholding of any medical
 quality assurance record of the        
,department from a committee of either  
,house of ,congress1 any joint committee
 of ,congress1 or the ,comptroller      
,general of the ,united ,states if the  
record pertains to any matter within    
their respective jurisdictions4  7f7    
,prohibition on disclosure of           
information1 record1 or testimony ,a    
person or entity having possession of or
 access to a medical quality assurance  
record of the ,department or testimony  
described 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      
section4  7g7 ,exemption from ,freedom  
of ,information ,act ,a medical quality 
assurance record of the ,department     
shall be exempt from disclosure under   

section #eeb7;b77#c7 of title #e1       
,united ,states ,code 7commonly known as
 the ,freedom of ,information ,act74    
7h7 ,limitation on civil liability ,a   
person who participates in the review or
 creation of1 or provides information to
 a person or body that reviews or       
creates1 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           
information was provided in good faith  
based on prevailing professional        
standards at the time the medical       
quality assurance program activity took 
place4  7i7 ,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 program1      
including the medical record of a       
patient1 on the grounds that the        
information was presented during        

meetings of a review body that are part 
of a medical quality assurance program4 
7j7 ,penalty ,any person who willfully  
discloses a medical quality assurance   
record of the ,department other than as 
provided in this section1 knowing that  
the record is a medical quality         
assurance record of the ,department     
shall be fined not more than #c1jjj in  
the case of a first offense and not more
 than #bj1jjj in the case of a          
subsequent offense4  7k7 ,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 program4  4  #bjd4    
,portability of licensure  7a7 ,transfer
 ,section #afjje of the ,,cares ,act 7#f
 ,u4,s4,c4 #cbj note7 is redesignated as
 section #bcjf of the ,homeland         
,security ,act of #bjjb and transferred 
so as to appear after section #bcje1 as 
added by section #bjc of this ,act4  7b7

 ,repeal ,section #bcjf of the ,homeland
 ,security ,act of #bjjb1 as so         
redesignated by subsection 7a71 is      
amended by striking subsection 7c74     
#bje4 ,technical and conforming         
amendments ,the ,homeland ,security ,act
 of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is
 amended-- 7#a7 in the table of contents
 in section #a7;b7 7,public ,law        
#ajg-bif2 #aaf ,stat4 #bace7-- 7,a7 by  
striking the items relating to sections 
#ebh and #ebi and inserting the         
following3  ,sec4 #ebh4 ,transfer of    
equipment during a public health        
emergency4  2  7,b7 by striking the     
items relating to sections #gaj1 #gaa1  
#gab1 and #gac and inserting the        
following3  ,sec4 #gaj4 ,employee       
engagement4,sec4 #gaa4 ,annual employee 
award program4,sec4 #gab4 ,acquisition  
professional career program4  2  7,c7 by
 inserting after the item relating to   
section #aibh the following3  ,sec4     
#aibi4 ,accountability4  2  7,d7 by     
striking the items relating to subtitle 

,c of title ,,xix and sections #aica and
 #aicb2 and  7,e7 by adding at the end  
the following3  ,,title ,,xxiii--,office
 of ,health ,security ,sec4 #bcja4      
,office of ,health ,security4 ,sec4     
#bcjb4 ,workforce health and medical    
support4 ,sec4 #bcjc4 ,coordination of  
,department of ,homeland ,security      
efforts related to food1 agriculture1   
and veterinary defense against          
terrorism4,sec4 #bcjd4 ,medical         
countermeasures program4,sec4 #bcje4    
,confidentiality of medical quality     
assurance records4,sec4 #bcjf4          
,portability of licensure4  2  7#b7 by  
redesignating section #ebi 7#f ,u4,s4,c4
 #cbar7 as section #ebh2  7#c7 in       
section #gjd7;e77#d7 7#f ,u4,s4,c4      
#cdd7;e77#d771 by striking section      
#gaa7;a7 and inserting section          
#gaj7;a772  7#d7 by redesignating       
sections #gaa1 #gab1 and #gac as        
sections #gaj1 #gaa1 and #gab1          
respectively2  7#e7 in section          
#aibc7;b77#c7 7#f ,u4,s4,c4             

#eib7;b77#c77-- 7,a7 in the paragraph   
heading1 by striking ,hawaiian          
native-serving and inserting ,native    
,hawaiian-serving2 and  7,b7 by striking
 ,hawaiian native-serving and inserting 
#8,native ,hawaiian-serving2  7#f7 by   
striking the subtitle heading for       
subtitle ,c of title ,,xix2  7#g7 by    
striking section #aicb 7#f ,u4,s4,c4    
#eig;a72 and  7#h7 in section #bcjf1 as 
so redesignated by section #bjd of this 
,act-- 7,a7 by inserting ,portability of
 licensure4 after #bcjf42 and  7,b7 in  
subsection 7a71 by striking 7a7         
,notwithstanding and inserting the      
following3  7a7 ,in general             
,notwithstanding  4