### §591. 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 December 21, 2018.

(Pub. L. 107–296, title XIX, §1901, as added Pub. L. 115–387, §2(a)(2), Dec. 21, 2018, 132 Stat. 5162.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 591, Pub. L. 107–296, title XIX, §1901, formerly title XVIII, §1801, as added Pub. L. 109–347, title V, §501(a), Oct. 13, 2006, 120 Stat. 1932; renumbered title XIX, §1901, Pub. L. 110–53, title I, §104(a)(1), (2), Aug. 3, 2007, 121 Stat. 294, related to establishment of a Domestic Nuclear Detection Office, prior to repeal by Pub. L. 115–387, §2(a)(2), Dec. 21, 2018, 132 Stat. 5162.

#### **Statutory Notes and Related Subsidiaries**

#### References and Construction

Pub. L. 115–387, §2(b), Dec. 21, 2018, 132 Stat. 5166, provided that:

"(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 [6 U.S.C. 592, 593, 594, 596, 596a], 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 [6 U.S.C. 590 et seq.], as amended by this Act."

#### Domestic Nuclear Detection Office and Office of Health Affairs: Abolishment and Transfer to Countering Weapons of Mass Destruction Office

Pub. L. 115–387, §2(e), Dec. 21, 2018, 132 Stat. 5167, provided that:

"(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 [Dec. 21, 2018]; 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 [6 U.S.C. 350] (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."

#### Department of Homeland Security Chemical, Biological, Radiological, and Nuclear Activities

Pub. L. 115–387, §2(g), Dec. 21, 2018, 132 Stat. 5169, provided that: "Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], 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."