    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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.

    [[Page 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) <>  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);

    [[Page 5164]]

    (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);

    [[Page 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) <>  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)

    [[Page 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) <>  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.

    [[Page 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) <>  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.--

    [[Page 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 5169]]

    ``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.

    [[Page 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.