[115th Congress Public Law 387]
[From the U.S. Government Publishing Office]
[[Page 5161]]
COUNTERING WEAPONS OF
MASS DESTRUCTION ACT OF 2018
[[Page 132 STAT. 5162]]
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. <<NOTE: Dec.
21, 2018 - [H.R. 7213]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Countering
Weapons of Mass Destruction Act of 2018. 6 USC 101 note.>>
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) <<NOTE: 6 USC 591.>> by striking section 1901 and
inserting the following:
``SEC. 1900. <<NOTE: 6 USC 590.>> 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. <<NOTE: 6 USC 591.>> COUNTERING WEAPONS OF MASS
DESTRUCTION OFFICE.
``(a) Establishment.--There is established in the Department a
Countering Weapons of Mass Destruction Office.
``(b) <<NOTE: Appointment. President.>> 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.
[[Page 132 STAT. 5163]]
``(c) Responsibilities.--The Assistant Secretary shall serve as the
Secretary's principal advisor on--
``(1) weapons of mass destruction matters and strategies;
and
``(2) <<NOTE: Coordination.>> 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. <<NOTE: Coordination. 6 USC 591g.>> 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. <<NOTE: 6 USC 591h.>> 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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: 6 USC 595. 6 USC 592-594, 596, 596a.>> 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);
[[Page 132 STAT. 5164]]
(6) <<NOTE: 6 USC 592.>> 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) <<NOTE: 6 USC 595.>> in section 1925, as redesignated,
in subsection (a), in the first sentence, by striking ``section
1902'' and inserting ``section 1923'';
(8) <<NOTE: 6 USC 596.>> 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) <<NOTE: 6 USC 596a.>> 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. <<NOTE: 6 USC 596b.>> 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);
[[Page 132 STAT. 5165]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Costs.>> costs associated with
achieving the goals of the STC program.
``(B) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> an assessment of the
effectiveness of the STC program, based on the
performance metrics and milestones required by paragraph
(1)(A)(ii); and
``(B) <<NOTE: Proposals.>> 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) <<NOTE: Deadline. Assessment.>> 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)
[[Page 132 STAT. 5166]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: 6 USC 591 note.>> 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 <<NOTE: 6 USC 321e.>> 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. <<NOTE: 6 USC 597.>> CHIEF MEDICAL OFFICER.
``(a) <<NOTE: Appointment. President.>> 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.
[[Page 132 STAT. 5167]]
``(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) <<NOTE: Coordination.>> 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. <<NOTE: 6 USC 350.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Policy. Guidance. Strategies.>> 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) <<NOTE: 6 USC 591 note.>> Transfers; Abolishment.--
[[Page 132 STAT. 5168]]
(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
[[Page 132 STAT. 5169]]
``Health Affairs,'' and inserting ``the Countering Weapons of
Mass Destruction Office,''.
(g) <<NOTE: Deadline. Briefing. Reports. 6 USC 591 note.>>
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) <<NOTE: Recommenda- tions.>> 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.
[[Page 132 STAT. 5170]]
``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.''.
Approved December 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.
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