[115th Congress Public Law 387]
[From the U.S. Government Publishing Office]



[[Page 5161]]

                         COUNTERING WEAPONS OF 
                      MASS DESTRUCTION ACT OF 2018

[[Page 132 STAT. 5162]]

Public Law 115-387
115th Congress

                                 An Act


 
 To amend the Homeland Security Act of 2002 to establish the Countering 
Weapons of Mass Destruction Office, and for other purposes. <<NOTE: Dec. 
                       21, 2018 -  [H.R. 7213]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Countering 
Weapons of Mass Destruction Act of 2018. 6 USC 101 note.>> 
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) <<NOTE: 6 USC 591.>>  by striking section 1901 and 
        inserting the following:
``SEC. 1900. <<NOTE: 6 USC 590.>>  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. <<NOTE: 6 USC 591.>>  COUNTERING WEAPONS OF MASS 
                          DESTRUCTION OFFICE.

    ``(a) Establishment.--There is established in the Department a 
Countering Weapons of Mass Destruction Office.
    ``(b) <<NOTE: Appointment. President.>>  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.

[[Page 132 STAT. 5163]]

    ``(c) Responsibilities.--The Assistant Secretary shall serve as the 
Secretary's principal advisor on--
            ``(1) weapons of mass destruction matters and strategies; 
        and
            ``(2) <<NOTE: Coordination.>>  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. <<NOTE: Coordination. 6 USC 591g.>>  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. <<NOTE: 6 USC 591h.>>  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) <<NOTE: Deadline. Coordination.>>  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) <<NOTE: 6 USC 595. 6 USC 592-594, 596, 596a.>>  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);

[[Page 132 STAT. 5164]]

            (6) <<NOTE: 6 USC 592.>>  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) <<NOTE: 6 USC 595.>>  in section 1925, as redesignated, 
        in subsection (a), in the first sentence, by striking ``section 
        1902'' and inserting ``section 1923'';
            (8) <<NOTE: 6 USC 596.>>  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) <<NOTE: 6 USC 596a.>>  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. <<NOTE: 6 USC 596b.>>  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);

[[Page 132 STAT. 5165]]

            ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Costs.>>  costs associated with 
                      achieving the goals of the STC program.
                    ``(B) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  an assessment of the 
                effectiveness of the STC program, based on the 
                performance metrics and milestones required by paragraph 
                (1)(A)(ii); and
                    ``(B) <<NOTE: Proposals.>>  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) <<NOTE: Deadline. Assessment.>>  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)

[[Page 132 STAT. 5166]]

        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) <<NOTE: Consultation.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: 6 USC 591 note.>>  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 <<NOTE: 6 USC 321e.>>  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. <<NOTE: 6 USC 597.>>  CHIEF MEDICAL OFFICER.

    ``(a) <<NOTE: Appointment. President.>>  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.

[[Page 132 STAT. 5167]]

    ``(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) <<NOTE: Coordination.>>  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. <<NOTE: 6 USC 350.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Policy. Guidance. Strategies.>>  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) <<NOTE: 6 USC 591 note.>>  Transfers; Abolishment.--

[[Page 132 STAT. 5168]]

            (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

[[Page 132 STAT. 5169]]

        ``Health Affairs,'' and inserting ``the Countering Weapons of 
        Mass Destruction Office,''.

    (g) <<NOTE: Deadline. Briefing. Reports. 6 USC 591 note.>>  
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) <<NOTE: Recommenda- tions.>>  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.

[[Page 132 STAT. 5170]]

``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.''.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--H.R. 7213:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 164 (2018):
            Dec. 10, considered and passed House.
            Dec. 18, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Dec. 21, Presidential statement.

                                  <all>