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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7213 Enrolled Bill (ENR)]

        H.R.7213

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen

                                 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```