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Code · BILL · 117th Congress · S. 4465 (Reported in Senate) — To establish a Countering Weapons of Mass Destruction Office and an Office of Health Security in the Department of Ho... · Sec. 201

Sec. 201. Office of Health Security

1,182 words·~5 min read·/bill/117/s/4465/rs/section-201

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The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— in section 103 ( 6 U.S.C. 113 )— in subsection (a)(2)— by striking the Assistant Secretary for Health Affairs, ; and by striking Affairs, or and inserting Affairs or ; and in subsection (d), by adding at the end the following: A Chief Medical Officer. ; by adding at the end the following: ; by redesignating section 1931 ( 6 U.S.C. 597 ) as section 2301 and transferring such section to appear after the heading for title XXIII, as added by paragraph (2); and in section 2301, as so redesignated— in the section heading, by striking and inserting Chief Medical Officer ; Office of Health Security by striking subsections
(a)and
(b)and inserting the following: There is established in the Department an Office of Health Security. The Office of Health Security shall be headed by a chief medical officer, who shall— be the Assistant Secretary for Health Security and the Chief Medical Officer of the Department; be a licensed physician possessing a demonstrated ability in and knowledge of medicine and public health; be appointed by the President; and report directly to the Secretary. ; in subsection (c)— in the matter preceding paragraph (1), by striking medical issues related to natural disasters, acts of terrorism, and other man-made disasters and inserting oversight of all medical, public health, and workforce safety matters of the Department ; in paragraph (1), by striking , the Administrator of the Federal Emergency Management Agency, the Assistant Secretary, and other Department officials and inserting and all other Department officials ; in paragraph (4), by striking and at the end; by redesignating paragraph
(5)as paragraph (12); and by inserting after paragraph
(4)the following: 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; 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 officer; 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; advising the Secretary and the head of each component of the Department that delivers patient care regarding the collection, storage, and oversight of medical records; in consultation with the Chief Information Officer of the Department— identifying methods and technologies for managing, updating, and overseeing patient records; and setting standards for technology used by the components of the Department regarding the collection, storage, and oversight of medical records; 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; 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 Federal, State, local, Tribal, and territorial governments to prevent, detect, protect against, and mitigate the health effects of chemical, biological, radiological, and nuclear issues; and ; and by adding at the end the following: The Secretary, acting through the Chief Medical Officer, in support of the medical and public health activities of the Department, may— provide technical assistance, training, and information and distribute funds through grants and cooperative agreements to State, local, Tribal, and territorial governments and nongovernmental organizations; enter into other transactions; enter into agreements with other Federal agencies; and accept services from personnel of components of the Department and other Federal agencies on a reimbursable or nonreimbursable basis. 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— report directly to the Chief Medical Officer; and 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. ; by redesignating section 710 ( 6 U.S.C. 350 ) as section 2302 and transferring such section to appear after section 2301, as so redesignated; in section 2302, as so redesignated— in subsection (a), by striking Under Secretary for Management each place that term appears and inserting Chief Medical Officer ; and in subsection (b)— in the matter preceding paragraph (1), by striking Under Secretary for Management, in coordination with the Chief Medical Officer, and inserting Chief Medical Officer ; and in paragraph (3), by striking as deemed appropriate by the Under Secretary, ; by redesignating section 528 ( 6 U.S.C. 321q ) as section 2303 and transferring such section to appear after section 2302, as so redesignated; and in section 2303(a), as so redesignated, by striking Assistant Secretary for the Countering Weapons of Mass Destruction Office and inserting Chief Medical Officer . The individual appointed pursuant to section 1931 of the Homeland Security Act of 2002 ( 6 U.S.C. 597 ) of the Department of Homeland Security, as in effect on the day before the date of enactment of this Act, and serving as the Chief Medical Officer of the Department of Homeland Security on the day before the date of enactment of this Act, 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 reappointment. The rule of construction described in section 2(hh) of the Presidential Appointment Efficiency and Streamlining Act of 2011 ( 5 U.S.C. 3132 note) shall not apply to the Chief Medical Officer of the Department of Homeland Security, including the incumbent who holds the position on the day before the date of enactment of this Act, and such officer shall be paid pursuant to section 3132(a)(2) or 5315 of title 5, United States Code. The Secretary of Homeland Security shall transfer to the Chief Medical Officer of the Department of Homeland Security— all functions, personnel, budget authority, and assets of the Under Secretary for Management relating to workforce health and medical support, as in existence on the day before the date of enactment of this Act; all functions, personnel, budget authority, and assets of the Assistant Secretary for the Countering Weapons of Mass Destruction Office relating to the Chief Medical Officer, including the Medical Operations Directorate of the Countering Weapons of Mass Destruction Office, as in existence on the day before the date of enactment of this Act; and all functions, personnel, budget authority, 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 food, agriculture, and veterinary defenses of the Office, as in existence on the day before the date of enactment of this Act.
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