[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7213 Received in Senate (RDS)]
<DOC>
115th CONGRESS
2d Session
H. R. 7213
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2018
Received
_______________________________________________________________________
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.''.
Passed the House of Representatives December 10, 2018.
Attest:
KAREN L. HAAS,
Clerk.