An act to amend the Homeland Security Act of 2002 to establish the Countering Weapons of Mass Destruction Office, and for other purposes
PL 115-387 (H.R.7213), enacted 12/21/2018

132 STAT. 5162 
PUBLIC LAW 115–387—DEC. 21, 2018 
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 ‘‘COUN-
TERING 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 Destruc-
tion Office, who shall be appointed by the President. 
Appointment. 
President. 
6 USC 591. 
6 USC 590. 
6 USC 591. 
Countering 
Weapons of 
Mass Destruction 
Act of 2018. 
6 USC 101 note. 
Dec. 21, 2018 
[H.R. 7213] 
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132 STAT. 5163 
PUBLIC LAW 115–387—DEC. 21, 2018 
‘‘(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 intel-
ligence 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 Depart-
ment to plan for, detect, and protect against the importation, posses-
sion, 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 Manage-
ment 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 USC 595. 
6 USC 592–594, 
596, 596a. 
Deadline. 
Coordination. 
6 USC 591h. 
Coordination. 
6 USC 591g. 
Coordination. 
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132 STAT. 5164 
PUBLIC LAW 115–387—DEC. 21, 2018 
(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-con-
sequence 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, architec-
tures 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; 
‘‘(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 USC 596b. 
6 USC 596a. 
6 USC 596. 
6 USC 595. 
6 USC 592. 
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132 STAT. 5165 
PUBLIC LAW 115–387—DEC. 21, 2018 
‘‘(6) provide augmenting resources, as appropriate, to 
enable State, local, Tribal, and territorial governments to sus-
tain 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 des-
ignated under that paragraph. 
‘‘(d) ACCOUNTABILITY.— 
‘‘(1) IMPLEMENTATION PLAN.— 
‘‘(A) IN GENERAL.—The Secretary shall develop, in con-
sultation 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 appro-
priate, 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 para-
graph (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) 
Deadline. 
Assessment. 
Proposals. 
Assessment. 
Deadline. 
Costs. 
Consultation. 
Deadline. 
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132 STAT. 5166 
PUBLIC LAW 115–387—DEC. 21, 2018 
and the report required by paragraph (2), including an assess-
ment 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 stake-
holder 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 Med-
ical Officer shall be a licensed physician possessing a demonstrated 
ability in and knowledge of medicine and public health. 
Appointment. 
President. 
6 USC 597. 
6 USC 321e. 
6 USC 591 note. 
Assessment. 
Consultation. 
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132 STAT. 5167 
PUBLIC LAW 115–387—DEC. 21, 2018 
‘‘(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 disas-
ters, 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 compo-
nents of the Department; 
‘‘(3) as appropriate, providing medical liaisons to the compo-
nents 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 Con-
trol 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 respon-
sibilities 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 responsibil-
ities described in this subsection as the Secretary may require.’’. 
(e) TRANSFERS; ABOLISHMENT.— 
6 USC 591 note. 
Policy. 
Guidance. 
Strategies. 
Coordination. 
6 USC 350. 
Coordination. 
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132 STAT. 5168 
PUBLIC LAW 115–387—DEC. 21, 2018 
(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 per-
form the functions specified in section 710 of the Home-
land 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 pursu-
ant 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 abol-
ished; 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 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 Secretary for the Countering Weapons of Mass 
Destruction Office,’’. 
(4) FUNCTIONS TRANSFERRED.—Section 505(b) of the Home-
land 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 
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132 STAT. 5169 
PUBLIC LAW 115–387—DEC. 21, 2018 
‘‘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 pro-
vide a briefing and report to the appropriate congressional commit-
tees (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 organiza-
tional structure of the Countering Weapons of Mass Destruction 
Office; 
(2) a comprehensive inventory of chemical, biological, radio-
logical, and nuclear activities, including research and develop-
ment activities, of the Department of Homeland Security, high-
lighting areas of collaboration between components, coordina-
tion with other agencies, and the effectiveness and accomplish-
ments 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 effi-
ciencies 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. 
Recommenda- 
tions. 
Deadline. 
Briefing. 
Reports. 
6 USC 591 note. 
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132 STAT. 5170 
PUBLIC LAW 115–387—DEC. 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. 
‘‘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 architec-
ture. 
‘‘Sec. 1928. Securing the Cities program. 
‘‘Subtitle C—Chief Medical Officer 
‘‘Sec. 1931. Chief Medical Officer.’’. 
Approved December 21, 2018. 
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