[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7213 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 7213

To amend the Homeland Security Act of 2002 to establish the Countering 
      Weapons of Mass Destruction Office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 3, 2018

Mr. Donovan (for himself and Mr. McCaul) 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

_______________________________________________________________________

                                 A BILL


 
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.''.
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