I 
115TH CONGRESS 
2D SESSION 
H. R. 7213 
To amend the Homeland Security Act of 2002 to establish the Countering 
Weapons of Mass Destruction Office, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 3, 2018 
Mr. DONOVAN (for himself and Mr. MCCAUL) introduced the following bill; 
which was referred to the Committee on Homeland Security, and in addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Countering Weapons 
of Mass Destruction Act of 2018’’. 
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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). 
‘‘(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). 
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‘‘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 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 Sec-
retary of State, the Attorney General, the Nuclear Regu-
latory Commission, and the heads of other Federal agen-
cies, including elements of the intelligence community, 
provide for the reimbursable detail of personnel with rel-
evant expertise to the Office. 
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‘‘(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, devel-
opment, 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 COM-
PONENTS 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 Depart-
ment or any officer of any other Federal agency with re-
spect to the command, control, or direction of the func-
tions, personnel, funds, assets, or liabilities of any compo-
nent of the Department or any other Federal agency. 
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‘‘(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, sub-
mit to the appropriate congressional committees a strategy 
and implementation plan to direct programs within the Of-
fice and to integrate those programs with other programs 
and activities of the Department. 
‘‘(c) FEDERAL EMERGENCY MANAGEMENT AGEN-
CY.—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 Ad-
ministrator of the Agency, including the diversion of any 
asset, function, or mission of the Agency or the Adminis-
trator 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 sec-
tions to appear after section 1922, as added by 
paragraph (3); 
(6) in section 1923, as redesignated— 
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(A) in the section heading, by striking 
‘‘MISSION
OF
OFFICE’’ and inserting ‘‘RE-
SPONSIBILITIES’’; and 
(B) in subsection (a)(11), by striking ‘‘Do-
mestic Nuclear Detection Office’’ and inserting 
‘‘Office’’; 
(7) in section 1925, as redesignated, in sub-
section (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 ‘‘Assist-
ant Secretary’’; and 
(ii) by striking ‘‘paragraphs (6) and 
(7) of section 1902(a)’’ and inserting ‘‘sec-
tion 1923’’; and 
(B) in paragraph (2), by striking ‘‘para-
graphs (6) and (7) of section 1902(a)’’ and in-
serting ‘‘section 1923’’; 
(9) in section 1927, as redesignated— 
(A) in subsection (a)(1)(C), in the matter 
preceding clause (i), by striking ‘‘Director of 
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the Domestic Nuclear Detection Office’’ and in-
serting ‘‘Assistant Secretary’’; and 
(B) in subsection (c), by striking ‘‘section 
1902’’ and inserting ‘‘section 1923’’; and 
(10) by inserting after section 1927, as redesig-
nated, 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 pre-
vent 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 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 an operating 
capability to detect and report on nuclear and other 
radiological materials out of regulatory control; 
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‘‘(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 nu-
clear or other radiological materials among appro-
priate 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 appro-
priate, 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 pro-
gram 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.— 
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‘‘(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 ju-
risdiction under paragraph (1) or any change to a 
jurisdiction previously designated under that para-
graph. 
‘‘(d) ACCOUNTABILITY.— 
‘‘(1) IMPLEMENTATION PLAN.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
develop, in consultation with relevant stake-
holders, 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 mile-
stones for the STC program; 
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‘‘(iii) measures for achieving and sus-
taining capabilities under the STC pro-
gram; 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 enact-
ment of the Countering Weapons of Mass De-
struction Act of 2018, the Secretary shall sub-
mit 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 
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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 re-
port required by paragraph (2), the Comptroller 
General of the United States shall submit to the ap-
propriate congressional committees a report evalu-
ating the implementation plan required by para-
graph (1) and the report required by paragraph (2), 
including an assessment of progress made with re-
spect to the performance metrics and milestones re-
quired by paragraph (1)(A)(ii) and the sustainment 
of the capabilities of the STC program. 
‘‘(4) BRIEFING
AND
SUBMISSION
REQUIRE-
MENTS.—Before making any changes to the struc-
ture or requirements of the STC program, the As-
sistant Secretary shall— 
‘‘(A) consult with the appropriate congres-
sional committees; and 
‘‘(B) provide to those committees— 
‘‘(i) a briefing on the proposed 
changes, including a justification for the 
changes; 
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‘‘(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 pre-
vious 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 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 re-
designated 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. 
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(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.— 
(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-
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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 
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 
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‘‘(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 
(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 Man-
agement shall be responsible for workforce-focused health 
and medical activities of the Department. The Under Sec-
retary for Management may further delegate responsibility 
for those activities, 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-
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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 
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 fund-
ing, 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 De-
struction Office all functions, personnel, budget 
authority, and assets of— 
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(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 
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 
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(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-
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 one year after the date of the 
enactment of this Act, and annually 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 
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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-
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 
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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— 
(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 agen-
cies. 
‘‘Sec. 1923. Responsibilities. 
‘‘Sec. 1924. Hiring authority. 
‘‘Sec. 1925. Testing authority. 
‘‘Sec. 1926. Contracting and grant making authorities. 
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‘‘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.’’. 
Æ 
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