IIB 
115TH CONGRESS 
2D SESSION 
H. R. 6198 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 17, 2018 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 Secu-
rity Act of 2002 (6 U.S.C. 591 et seq.) is amended— 
(1) in the title heading, by striking ‘‘DOMES-
TIC 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 ‘As-
sistant 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 es-
tablished under section 1901(a). 
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‘‘(4) WEAPON
OF
MASS
DESTRUCTION.—The 
term ‘weapon of mass destruction’ has the meaning 
given the term in section 101 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801). 
‘‘Subtitle A—Countering Weapons 
of Mass Destruction Office 
‘‘SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUC-
TION 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 ap-
pointed 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 efforts to counter weapons of 
mass destruction. 
‘‘(d) DETAILS.—The Secretary may request that the 
Secretary of Defense, the Secretary of Energy, the Sec-
retary of State, the Attorney General, the Nuclear Regu-
latory Commission, and the directors of other Federal 
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agencies, including elements of the intelligence commu-
nity, provide for the reimbursable detail of personnel with 
relevant expertise to the Office.’’; 
(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 departmental strat-
egy and policy to plan for, detect, and protect against the 
importation, possession, storage, transportation, develop-
ment, or use of unauthorized chemical, biological, radio-
logical, 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 ENTI-
TIES AND FEDERAL AGENCIES. 
‘‘(a) IN GENERAL.—The authority of the Assistant 
Secretary under this title shall neither affect nor diminish 
the authority or the responsibility of any officer of the De-
partment or of any officer of any other department or 
agency of the United States with respect to the command, 
control, or direction of the functions, personnel, funds, as-
sets, and liabilities of any entity within the Department 
or any Federal department or agency. 
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States to detect and prevent terrorist attacks and other 
high consequence events utilizing nuclear or other radio-
logical materials that pose a high risk to homeland secu-
rity in high-risk urban areas. Through the STC program 
the Secretary shall— 
‘‘(1) assist State, local, Tribal, and territorial 
governments in designing and implementing, or en-
hancing existing, architectures for coordinated and 
integrated detection and interdiction of nuclear or 
other radiological materials that are out of regu-
latory control; 
‘‘(2) support the development of a region-wide 
operating capability to detect and report on nuclear 
and other radioactive materials out of regulatory 
control; 
‘‘(3) provide resources to enhance detection, 
analysis, communication, and coordination to better 
integrate into Federal operations State, local, Tribal, 
and territorial assets; 
‘‘(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 nu-
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clear or other radiological materials among appro-
priate Federal, State, local, Tribal, and territorial 
governments, in a manner that ensures transparency 
with the jurisdictions served by such program; 
‘‘(6) provide augmenting resources, as appro-
priate, to enable State, local, Tribal, and territorial 
governments to sustain and refresh their capabilities 
developed under the STC program; and 
‘‘(7) provide any other assistance the Secretary 
determines appropriate. 
‘‘(b) DESIGNATION OF JURISDICTIONS.—In carrying 
out the STC program under subsection (a), the Secretary 
shall designate jurisdictions from among high-risk urban 
areas under section 2003, and other cities and regions, 
as appropriate. 
‘‘(c) CONGRESSIONAL
NOTIFICATION.—The Sec-
retary 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 Appro-
priations of the Senate not later than 3 days before the 
designation of a new jurisdiction in accordance with sub-
section (b) or any other change to participating jurisdic-
tions.’’. 
(b) REFERENCES AND CONSTRUCTION.— 
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(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 Coun-
tering Weapons of Mass Destruction Office; and 
(B) the Director for Domestic Nuclear De-
tection shall be deemed to be a reference to the 
Assistant Secretary for the Countering Weap-
ons of Mass Destruction Office. 
(2) CONSTRUCTION.—Sections 1923 through 
1927 of the Homeland Security Act of 2002, as so 
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 trans-
ferred to the Assistant Secretary for the Countering 
Weapons of Mass Destruction Office, and such au-
thority 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.— 
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(1) REPEAL.—Title V of the Homeland Secu-
rity 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 pos-
sessing a demonstrated ability in and knowledge of medi-
cine 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 ter-
rorism, and other man-made disasters, including— 
‘‘(1) serving as the principal advisor on medical 
and public health issues to the Secretary, the Ad-
ministrator of the Federal Emergency Management 
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Agency, the Assistant Secretary, and other Depart-
ment 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 reim-
bursable 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, in-
cluding the Centers for Disease Control and Preven-
tion 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 con-
tents 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
SUP-
PORT.—Title VII of the Homeland Security Act of 2002 
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(6 U.S.C. 341 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 710. WORKFORCE HEALTH AND MEDICAL SUPPORT. 
‘‘(a) IN GENERAL.—The Under Secretary for Man-
agement shall be responsible for workforce-focused health 
and medical activities of the Department. The Under Sec-
retary for Management may further delegate these respon-
sibilities, as appropriate. 
‘‘(b) RESPONSIBILITIES.—The Under Secretary for 
Management, in coordination with the Chief Medical Offi-
cer, shall— 
‘‘(1) provide oversight and coordinate the med-
ical 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, strat-
egies, and initiatives for the human and animal per-
sonnel of the Department; 
‘‘(3) as deemed appropriate by the Under Sec-
retary, 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 
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Commissioned Corps officers of the Public Health 
Service of the Department of Health and Human 
Services to the Department, except that components 
and offices of the Department shall retain authority 
for funding, determination of specific duties, and su-
pervision of such detailed Commissioned Corps offi-
cers; and 
‘‘(5) perform such other duties relating to such 
responsibilities as the Secretary may require.’’. 
(e) TRANSFERS; ABOLISHMENT.— 
(1) TRANSFERS.—The Secretary of Homeland 
Security shall transfer to— 
(A) the Countering Weapons of Mass De-
struction 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 func-
tions, personnel, budget authority, and as-
sets of such office necessary to perform the 
functions specified in section 710 of the 
Homeland Security Act of 2002 (relating 
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to workforce health and medical support), 
as added by this Act; and 
(B) the Directorate of Management 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 Nu-
clear Detection are abolished. 
(f) CONFORMING AMENDMENTS.— 
(1) OTHER OFFICERS.—Paragraph (4) of sec-
tion 103(d) of the Homeland Security Act of 2002 
(6 U.S.C. 113(d)) is amended by striking ‘‘A Direc-
tor for Domestic Nuclear Detection’’ and inserting 
‘‘An Assistant Secretary for the Countering Weap-
ons of Mass Destruction Office’’. 
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(2) NATIONAL BIOSURVEILLANCE INTEGRATION 
CENTER.—Section 316(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 195b(a)) is amended by strik-
ing ‘‘Secretary shall’’ and inserting ‘‘Secretary, act-
ing through the Assistant Secretary for the Coun-
tering 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 Sec-
retary for the Countering Weapons of Mass Destruc-
tion 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 HOME-
LAND SECURITY EFFORTS RELATED TO FOOD, AGRI-
CULTURE, 
AND
VETERINARY
DEFENSE
AGAINST 
TERRORISM.—Section 528(a) of the Homeland Secu-
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rity Act of 2002 (6 U.S.C. 321q(a)) is amended by 
striking ‘‘Health Affairs,’’ and inserting ‘‘the Coun-
tering Weapons of Mass Destruction Office,’’. 
(g) DEPARTMENT OF HOMELAND SECURITY CHEM-
ICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR AC-
TIVITIES.—Not later than 1 year after the date of enact-
ment of this Act and once every year thereafter, the Sec-
retary of Homeland Security shall provide a briefing and 
report to the appropriate congressional committees (as de-
fined 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 activi-
ties of the Department of Homeland Security, in-
cluding research and development activities, and the 
location of each activity under the organizational 
structure of the Countering Weapons of Mass De-
struction Office; 
(2) a comprehensive inventory of chemical, bio-
logical, radiological, and nuclear activities, including 
research and development activities, of the Depart-
ment of Homeland Security, highlighting areas of 
collaboration between components, coordination with 
other agencies, and the effectiveness and accomplish-
ments of consolidated chemical, biological, radio-
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logical, and nuclear activities of the Department of 
Homeland Security, including research and develop-
ment activities; 
(3) information relating to how the organiza-
tional structure of the Countering Weapons of Mass 
Destruction Office will enhance the development of 
chemical, biological, radiological, and nuclear prior-
ities 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 ac-
tivities; and 
(6) recommendations for any necessary statu-
tory changes, or, if no statutory changes are nec-
essary, an explanation of why no statutory or orga-
nizational changes are necessary. 
(h) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended— 
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(1) by inserting after the item relating to sec-
tion 709 the following: 
‘‘Sec. 710. Workforce health and medical support.’’; 
and 
(2) by striking the item 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 entities 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 archi-
tecture. 
‘‘Sec. 1928. Securing the Cities program. 
‘‘Subtitle C—Chief Medical Officer 
‘‘Sec. 1931. Chief Medical Officer.’’. 
Passed the House of Representatives September 12, 
2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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