117th CONGRESS 2d Session |
To amend the Homeland Security Act of 2002 to authorize the Office of Health Security, make technical corrections to the authorization of the Countering Weapons of Mass Destruction Office, establish a Countering Weapons of Mass Destruction Advisory Committee, establish a departmental biodefense strategy, and for other purposes.
Mrs. Demings (for herself, Mr. Thompson of Mississippi, Ms. Clarke of New York, and Ms. Underwood) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Homeland Security Act of 2002 to authorize the Office of Health Security, make technical corrections to the authorization of the Countering Weapons of Mass Destruction Office, establish a Countering Weapons of Mass Destruction Advisory Committee, establish a departmental biodefense strategy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title. This Act may be cited as the Health Security and Countering Weapons of Mass Destruction Act .
(b) Table of contents. The table of contents for this Act is as follows:
(a) Establishment. The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
(1) in section 103 (6 U.S.C. 113)
(A) in subsection (a)(2), by striking Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, and inserting Assistant Secretary for Legislative Affairs and
(B) in subsection (d), by adding at the end the following new paragraph:
(6) A Chief Medical Officer.
(2) by adding at the end the following new title:
(3) by redesignating section 1931 (6 U.S.C. 597) as section 2301 and transferring such section, as so redesignated, to appear after the heading for title XXIII, as added by paragraph (2);
(4) in section 2301, as so redesignated and transferred
(A) by amending the section heading to read as follows: Office of Health Security
(B) by amending subsection (a) to read as follows:
(a) In general. There is in the Department an Office of Health Security.
(C) by amending subsection (b) to read as follows:
(b) Head of Office of Health Security.
(1) IN GENERAL. The Office of Health Security shall be headed by a Chief Medical Officer (in this title referred to as the Chief Medical Officer ), who shall be at the level of Assistant Secretary within the Department.
(2) QUALIFICATIONS; DUTIES. The Chief Medical Officer shall
(A) be appointed by the President pursuant to section 103(d);
(B) be a licensed physician possessing a demonstrated ability in and knowledge of medicine and public health; and
(C) report directly to the Secretary.
(i) in the matter preceding paragraph (1), by striking medical issues related to natural disasters, acts of terrorism, and other man-made disasters, including and inserting medical, public health, and workforce health and safety matters, including issues related to
(ii) in paragraph (1), by striking the Secretary, the Administrator of the Federal Emergency Management Agency, the Assistant Secretary, and other Department officials and inserting the Secretary and all other Department officials
(iii) in paragraph (4), by striking and after the semicolon;
(iv) by redesignating paragraph (5) as paragraph (10); and
(v) by inserting after paragraph (4) the following new paragraphs:
(5) delivering, advising, and supporting
(A) direct patient care; and
(B) the organization, management, and staffing of component operations that deliver direct patient care;
(6) advising the Secretary and the head of each component of the Department that delivers direct patient care regarding
(A) knowledge and skill standards for medical personnel and the assessment of such knowledge and skill;
(B) the collection, storage, and oversight of medical records; and
(C) contracts for the delivery of direct patient care, other medical services, and medical supplies;
(7) 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, or, as the case may be, the employee who functions in the capacity of a component chief medical officer;
(8) with respect to any psychological health counseling or assistance 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 receives such counseling or assistance;
(B) increasing the availability and number of local psychological health professionals with experience providing psychological support services to personnel;
(C) establishing a behavioral health curriculum for employees at the beginning of their careers to provide resources 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 support programs, including by making additional training and resources available for peer support personnel in the workplace across such component;
(F) developing and implementing a voluntary alcohol treatment program that includes a safe harbor for employees who seek treatment;
(G) prioritizing, as appropriate, cultural competence in the provision of psychological health counseling and assistance for certain populations of the workforce, such as employees serving in positions within law enforcement, to help improve outcomes for such employees receiving such counseling or assistance; and
(H) including collaborating and partnering with key employee stakeholders and, for those components with employees with an exclusive representative, the exclusive representative with respect to such a program;
(9) in consultation with the Chief Information Officer of the Department
(A) identifying methods and technologies for managing, updating, and overseeing patient records; and
(B) setting standards for technology used by components of the Department regarding the collection, storage, and oversight of medical records; and and
(E) by adding at the end the following new subsections:
(d) Assistance and agreements. In furtherance of this section, the Chief Medical Officer, at the direction of the Secretary, may
(1) provide technical assistance, training, information, and distribute funds through grants and cooperative agreements to State, local, Tribal, and territorial governments, and nongovernmental organizations;
(2) enter into agreements with appropriate Federal departments and other executive agencies; and
(3) accept services from personnel of components of the Department and appropriate Federal departments and other executive agencies on a reimbursable or nonreimbursable basis.
(e) Office of Health Security Privacy Officer.
(1) IN GENERAL. There shall be a Privacy Officer of the Office of Health Security, appointed by the Chief Medical Officer in consultation with the Privacy Officer of the Department, with primary responsibility for privacy policy and compliance within the Office and with respect to the carrying out of responsibilities described in subsection (c).
(2) DUTIES. The Privacy Officer of the Office of Health Security shall
(A) report directly to the Chief Medical Officer;
(B) coordinate with and, as requested, provide information to the Privacy Officer of the Department; and
(C) ensure privacy protections are integrated into all activities of the Office of Health Security, subject to the review and approval of the Privacy Officer of the Department.
(f) Annual report. Not later than one year after the date of the enactment of this subsection and annually thereafter, the Chief Medical Officer shall submit to Congress a report on the activities of the Office of Health Security for the immediately preceding year.
(5) by redesignating section 710 (6 U.S.C. 350) as section 2302 and transfer