[Congressional Record Volume 164, Number 194 (Monday, December 10, 2018)]
[House]
[Pages H9804-H9806]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           COUNTERING WEAPONS OF MASS DESTRUCTION ACT OF 2018

  Mr. DONOVAN. Mr. Speaker, I ask unanimous consent that the Committee 
on Homeland Security and the Committee on Energy and Commerce be 
discharged from further consideration of the bill (H.R. 7213) to amend 
the Homeland Security Act of 2002 to establish the Countering Weapons 
of Mass Destruction Office, and for other purposes, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Smucker). Is there objection to the 
request of the gentleman from New York?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 7213

       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

[[Page H9805]]

     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''.

[[Page H9806]]

       (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.''.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________