[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7213 Enrolled Bill (ENR)]
H.R.7213
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To amend the Homeland Security Act of 2002 to establish the Countering
Weapons of Mass Destruction Office, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Weapons of Mass
Destruction Act of 2018''.
SEC. 2. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) In General.--Title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) is amended--
(1) in the title heading, by striking ``DOMESTIC NUCLEAR
DETECTION OFFICE'' and inserting ``COUNTERING WEAPONS OF MASS
DESTRUCTION OFFICE'';
(2) by striking section 1901 and inserting the following:
``SEC. 1900. DEFINITIONS.
``In this title:
``(1) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary for the Countering Weapons of Mass
Destruction Office.
``(2) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
``(3) Office.--The term `Office' means the Countering Weapons
of Mass Destruction Office established under section 1901(a).
``(4) Weapon of mass destruction.--The term `weapon of mass
destruction' has the meaning given the term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
``Subtitle A--Countering Weapons of Mass Destruction Office
``SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
``(a) Establishment.--There is established in the Department a
Countering Weapons of Mass Destruction Office.
``(b) Assistant Secretary.--The Office shall be headed by an
Assistant Secretary for the Countering Weapons of Mass Destruction
Office, who shall be appointed by the President.
``(c) Responsibilities.--The Assistant Secretary shall serve as the
Secretary's principal advisor on--
``(1) weapons of mass destruction matters and strategies; and
``(2) coordinating the efforts of the Department to counter
weapons of mass destruction.
``(d) Details.--The Secretary may request that the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the Attorney
General, the Nuclear Regulatory Commission, and the heads of other
Federal agencies, including elements of the intelligence community,
provide for the reimbursable detail of personnel with relevant
expertise to the Office.
``(e) Termination.--The Office shall terminate on the date that is
5 years after the date of the enactment of the Countering Weapons of
Mass Destruction Act of 2018.'';
(3) by adding at the end the following:
``Subtitle B--Mission of the Office
``SEC. 1921. MISSION OF THE OFFICE.
``The Office shall be responsible for coordinating with other
Federal efforts and developing a strategy and policy for the Department
to plan for, detect, and protect against the importation, possession,
storage, transportation, development, or use of unauthorized chemical,
biological, radiological, or nuclear materials, devices, or agents in
the United States and to protect against an attack using such
materials, devices, or agents against the people, territory, or
interests of the United States.
``SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT COMPONENTS AND FEDERAL
AGENCIES.
``(a) In General.--The authority of the Assistant Secretary under
this title shall not affect or diminish the authority or the
responsibility of any officer of the Department or any officer of any
other Federal agency with respect to the command, control, or direction
of the functions, personnel, funds, assets, or liabilities of any
component of the Department or any other Federal agency.
``(b) Office for Strategy, Policy, and Plans.--Not later than one
year after the date of the enactment of the Countering Weapons 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 strategy and implementation plan
to direct programs within the Office and to integrate those programs
with other programs and activities of the Department.
``(c) 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 Management Agency or the
Administrator of the Agency, including the diversion of any asset,
function, or mission of the Agency or the Administrator of the
Agency.'';
(4) by striking section 1905;
(5) by redesignating sections 1902, 1903, 1904, 1906, and 1907
as sections 1923, 1924, 1925, 1926, and 1927, respectively, and
transferring such sections to appear after section 1922, as added
by paragraph (3);
(6) in section 1923, as redesignated--
(A) in the section heading, by striking ``mission of
office'' and inserting ``responsibilities''; and
(B) in subsection (a)(11), by striking ``Domestic Nuclear
Detection Office'' and inserting ``Office'';
(7) in section 1925, as redesignated, in subsection (a), in the
first sentence, by striking ``section 1902'' and inserting
``section 1923'';
(8) in section 1926, as redesignated--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Director for Domestic Nuclear
Detection'' and inserting ``Assistant Secretary''; and
(ii) by striking ``paragraphs (6) and (7) of section
1902(a)'' and inserting ``section 1923''; and
(B) in paragraph (2), by striking ``paragraphs (6) and (7)
of section 1902(a)'' and inserting ``section 1923'';
(9) in section 1927, as redesignated--
(A) in subsection (a)(1)(C), in the matter preceding clause
(i), by striking ``Director of the Domestic Nuclear Detection
Office'' and inserting ``Assistant Secretary''; and
(B) in subsection (c), by striking ``section 1902'' and
inserting ``section 1923''; and
(10) by inserting after section 1927, as redesignated, the
following:
``SEC. 1928. SECURING THE CITIES PROGRAM.
``(a) Establishment.--The Secretary, through the Assistant
Secretary, shall establish a program, to be known as the `Securing the
Cities' or `STC' program, to enhance the ability of the United States
to detect and prevent terrorist attacks and other high-consequence
events utilizing nuclear or other radiological materials that pose a
high risk to homeland security in high-risk urban areas.
``(b) Elements.--Through the STC program the Secretary shall--
``(1) assist State, local, Tribal, and territorial governments
in designing and implementing, or enhancing existing, architectures
for coordinated and integrated detection and interdiction of
nuclear or other radiological materials that are out of regulatory
control;
``(2) support the development of an operating capability to
detect and report on nuclear and other radiological materials out
of regulatory control;
``(3) provide resources to enhance detection, analysis,
communication, and coordination to better integrate State, local,
Tribal, and territorial assets into Federal operations;
``(4) facilitate alarm adjudication and provide subject matter
expertise and technical assistance on concepts of operations,
training, exercises, and alarm response protocols;
``(5) communicate with, and promote sharing of information
about the presence or detection of nuclear or other radiological
materials among appropriate Federal, State, local, Tribal, and
territorial government agencies, in a manner that ensures
transparency with the jurisdictions designated under subsection
(c);
``(6) provide augmenting resources, as appropriate, to enable
State, local, Tribal, and territorial governments to sustain and
refresh their capabilities developed under the STC program;
``(7) monitor expenditures under the STC program and track
performance in meeting the goals of the STC program; and
``(8) provide any other assistance the Secretary determines
appropriate.
``(c) Designation of Jurisdictions.--
``(1) In general.--In carrying out the STC program under
subsection (a), the Secretary shall designate jurisdictions from
among high-risk urban areas under section 2003.
``(2) Congressional notification.--The Secretary shall notify
the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate not later than 3 days before the
designation of a new jurisdiction under paragraph (1) or any change
to a jurisdiction previously designated under that paragraph.
``(d) Accountability.--
``(1) Implementation plan.--
``(A) In general.--The Secretary shall develop, in
consultation with relevant stakeholders, an implementation plan
for carrying out the STC program that includes--
``(i) a discussion of the goals of the STC program and
a strategy to achieve those goals;
``(ii) performance metrics and milestones for the STC
program;
``(iii) measures for achieving and sustaining
capabilities under the STC program; and
``(iv) costs associated with achieving the goals of the
STC program.
``(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 submit to the
appropriate congressional committees and the Comptroller
General of the United States the implementation plan required
by subparagraph (A).
``(2) Report required.--Not later than one year after the
submission of the implementation plan under paragraph (1)(B), the
Secretary shall submit to the appropriate congressional committees
and the Comptroller General a report that includes--
``(A) an assessment of the effectiveness of the STC
program, based on the performance metrics and milestones
required by paragraph (1)(A)(ii); and
``(B) proposals for any changes to the STC program,
including an explanation of how those changes align with the
strategy and goals of the STC program and, as appropriate,
address any challenges faced by the STC program.
``(3) Comptroller general review.--Not later than 18 months
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 the
implementation plan required by paragraph (1) and the report
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.
``(4) Briefing and submission requirements.--Before making any
changes to the structure or requirements of the STC program, the
Assistant Secretary shall--
``(A) consult with the appropriate congressional
committees; and
``(B) provide to those committees--
``(i) a briefing on the proposed changes, including a
justification for the changes;
``(ii) documentation relating to the changes, including
plans, strategies, and resources to implement the changes;
and
``(iii) an assessment of the effect of the changes on
the capabilities of the STC program, taking into
consideration previous resource allocations and stakeholder
input.''.
(b) References and Construction.--
(1) In general.--Any reference in any law, regulation,
document, paper, or other record of the United States to--
(A) the Domestic Nuclear Detection Office shall be deemed
to be a reference to the Countering Weapons of Mass Destruction
Office; and
(B) the Director for Domestic Nuclear Detection shall be
deemed to be a reference to the Assistant Secretary for the
Countering Weapons of Mass Destruction Office.
(2) Construction.--Sections 1923 through 1927 of the Homeland
Security Act of 2002, as redesignated by subsection (a), shall be
construed to cover the chemical and biological responsibilities of
the Assistant Secretary for the Countering Weapons of Mass
Destruction Office.
(3) Authority.--The authority of the Director of the Domestic
Nuclear Detection Office to make grants or enter into cooperative
agreements is transferred to the Assistant Secretary for the
Countering Weapons of Mass Destruction Office, and such authority
shall be construed to include grants for all purposes of title XIX
of the Homeland Security Act of 2002, as amended by this Act.
(c) Chief Medical Officer.--
(1) Repeal.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by striking section 516.
(2) Amendment.--Title XIX of the Homeland Security Act of 2002
(6 U.S.C. 591 et seq.), as amended by subsection (a), is further
amended by adding at the end the following:
``Subtitle C--Chief Medical Officer
``SEC. 1931. CHIEF MEDICAL OFFICER.
``(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.
``(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.
``(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--
``(1) serving as the principal advisor on medical and public
health issues to the Secretary, the Administrator of the Federal
Emergency Management Agency, the Assistant Secretary, and other
Department officials;
``(2) providing operational medical support to all components
of the Department;
``(3) as appropriate, providing medical liaisons to the
components of the Department, on a reimbursable basis, to provide
subject matter expertise on operational medical issues;
``(4) coordinating with Federal, State, local, and Tribal
governments, 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
Preparedness and Response of the Department of Health and Human
Services, with respect to medical and public health matters; and
``(5) performing such other duties relating to such
responsibilities as the Secretary may require.''.
(3) Clerical amendment.--The table of contents in section 1(b)
of the Homeland Security Act of 2002 is amended by striking the
item relating to section 516.
(d) Workforce Health and Medical Support.--Title VII of the
Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by
adding at the end the following:
``SEC. 710. WORKFORCE HEALTH AND MEDICAL SUPPORT.
``(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 further delegate
responsibility for those activities, as appropriate.
``(b) Responsibilities.--The Under Secretary for Management, in
coordination with the Chief Medical Officer, shall--
``(1) provide oversight and coordinate the medical and health
activities of the Department for the human and animal personnel 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) as deemed appropriate by the Under Secretary, provide
medical liaisons to the components of the Department, on a
reimbursable basis, to provide subject matter expertise on
occupational medical and public health issues;
``(4) serve as the primary representative for the Department on
agreements regarding the detail of Commissioned Corps officers of
the Public Health Service of the Department of Health and Human
Services to the Department, except that components of the
Department shall retain authority for funding, determination 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.''.
(e) Transfers; Abolishment.--
(1) Transfers.--The Secretary of Homeland Security shall
transfer to--
(A) the Countering Weapons of Mass Destruction Office all
functions, personnel, budget authority, and assets of--
(i) the Domestic Nuclear Detection Office, as in
existence on the day before the date of the enactment of
this Act; and
(ii) the Office of Health Affairs, as in existence on
the day before the date of the enactment of this Act,
except for the functions, personnel, budget authority, and
assets of such office necessary to perform the functions
specified in section 710 of the Homeland Security Act of
2002 (relating to workforce health and medical support), as
added by this Act; and
(B) the Management Directorate of the Department of
Homeland Security all functions, personnel, budget authority,
and assets of the Office of Health Affairs, as in existence on
the day before the date of the enactment of this Act, that are
necessary to perform the functions of such section 710.
(2) Abolishment.--Upon completion of all transfers pursuant to
paragraph (1)--
(A) the Domestic Nuclear Detection Office of the Department
of Homeland Security and the Office of Health Affairs of the
Department of Homeland Security are abolished; and
(B) the positions of Assistant Secretary for Health Affairs
and Director for Domestic Nuclear Detection are abolished.
(f) Conforming Amendments.--
(1) Other officers.--Paragraph (4) of section 103(d) of the
Homeland Security Act of 2002 (6 U.S.C. 113(d)) is amended by
striking ``A Director for Domestic Nuclear Detection'' and
inserting ``An Assistant Secretary for the Countering Weapons of
Mass Destruction Office''.
(2) National biosurveillance integration center.--Section
316(a) of the Homeland Security Act of 2002 (6 U.S.C. 195b(a)) is
amended by striking ``Secretary shall'' and inserting ``Secretary,
acting through the Assistant Secretary for the Countering Weapons
of Mass Destruction Office, shall''.
(3) International cooperation.--Section 317(f) of the Homeland
Security Act of 2002 (6 U.S.C. 195c(f)) is amended by striking
``the Chief Medical Officer,'' and inserting ``the Assistant
Secretary for the Countering Weapons of Mass Destruction Office,''.
(4) Functions transferred.--Section 505(b) of the Homeland
Security Act of 2002 (6 U.S.C. 315(b)) is amended--
(A) by striking paragraph (4);
(B) by redesignating paragraph (5) as paragraph (4); and
(C) in paragraph (4), as so redesignated, by striking
``through (4)'' and inserting ``through (3)''.
(5) Coordination of department of homeland security efforts
related to food, agriculture, and veterinary defense against
terrorism.--Section 528(a) of the Homeland Security Act of 2002 (6
U.S.C. 321q(a)) is amended by striking ``Health Affairs,'' and
inserting ``the Countering Weapons of Mass Destruction Office,''.
(g) Department of Homeland Security Chemical, Biological,
Radiological, and Nuclear Activities.--Not later than one year after
the date of the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall provide a briefing and report to
the appropriate congressional committees (as defined in section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101)) on--
(1) the organization and management of the chemical,
biological, radiological, and nuclear activities of the Department
of Homeland Security, including research and development
activities, and the location of each activity under the
organizational structure of the Countering Weapons of Mass
Destruction Office;
(2) a comprehensive inventory of chemical, biological,
radiological, and nuclear activities, including research and
development activities, of the Department of Homeland Security,
highlighting areas of collaboration between components,
coordination with other agencies, and the effectiveness and
accomplishments of consolidated chemical, biological, radiological,
and nuclear activities of the Department of Homeland Security,
including research and development activities;
(3) information relating to how the organizational structure of
the Countering Weapons of Mass Destruction Office will enhance the
development of chemical, biological, radiological, and nuclear
priorities and capabilities across the Department of Homeland
Security;
(4) a discussion of any resulting cost savings and efficiencies
gained through activities described in paragraphs (1) and (2);
(5) information on how the Assistant Secretary for the
Countering Weapons of Mass Destruction Office is coordinating with
the Under Secretary of Science and Technology of the Department of
Homeland Security on research and development activities; and
(6) recommendations for any necessary statutory changes, or, if
no statutory changes are necessary, an explanation of why no
statutory or organizational changes are necessary.
(h) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended--
(1) by striking the item relating to section 516;
(2) inserting after the item relating to section 709 the
following:
``Sec. 710. Workforce health and medical support.'';
and
(3) by striking the items relating to title XIX (including
items relating to section 1901 through section 1907) and inserting
the following:
``TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
``Sec. 1900. Definitions.
``Subtitle A--Countering Weapons of Mass Destruction Office
``Sec. 1901. Countering Weapons of Mass Destruction Office.
``Subtitle B--Mission of the Office
``Sec. 1921. Mission of the Office.
``Sec. 1922. Relationship to other Department components and Federal
agencies.
``Sec. 1923. Responsibilities.
``Sec. 1924. Hiring authority.
``Sec. 1925. Testing authority.
``Sec. 1926. Contracting and grant making authorities.
``Sec. 1927. Joint annual interagency review of global nuclear detection
architecture.
``Sec. 1928. Securing the Cities program.
``Subtitle C--Chief Medical Officer
``Sec. 1931. Chief Medical Officer.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.