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115th Congress } { Rept. 115-923
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
COUNTERING WEAPONS OF MASS DESTRUCTION ACT OF 2018
_______
September 7, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 6198]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 6198) to amend the Homeland Security Act of 2002
to establish the Countering Weapons of Mass Destruction Office,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 6
Background and Need for Legislation.............................. 6
Hearings......................................................... 8
Committee Consideration.......................................... 8
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 9
New Budget Authority, Entitlement Authority, and Tax Expenditures 9
Congressional Budget Office Estimate............................. 9
Statement of General Performance Goals and Objectives............ 10
Duplicative Federal Programs..................................... 10
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 10
Federal Mandates Statement....................................... 10
Preemption Clarification......................................... 10
Disclosure of Directed Rule Makings.............................. 10
Advisory Committee Statement..................................... 11
Applicability to Legislative Branch.............................. 11
Section-by-Section Analysis of the Legislation................... 11
Changes in Existing Law Made by the Bill, as Reported............ 12
Additional Views................................................. 34
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 efforts 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 directors of other
Federal agencies, including elements of the intelligence community,
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 strategy and policy 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 ENTITIES 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 Department 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,
assets, and liabilities of any entity within the Department or any
Federal department or agency.
``(b) 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 or 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 so 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 so redesignated, in subsection (a),
in the first sentence, by striking ``section 1902'' and
inserting ``section 1923'';
(8) in section 1926, as so 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 so 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 so redesignated, the
following new section:
``SEC. 1928. SECURING THE CITIES PROGRAM.
``(a) Establishment.--The Secretary, through the Assistant Secretary
for the Countering Weapons of Mass Destruction Office, shall establish
the `Securing the Cities' (`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.
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 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 nuclear or other
radiological materials among appropriate 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 appropriate, 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 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 three days before the designation of a new jurisdiction
in accordance with subsection (b) or any other change to participating
jurisdictions.''.
(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 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 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 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 new section:
``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
these responsibilities, 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 and offices 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 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 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) to 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 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 enactment of this Act and once every year 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 inserting after the item relating to section 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 architecture.
``Sec. 1928. Securing the Cities program.
``Subtitle C--Chief Medical Officer
``Sec. 1931. Chief Medical Officer.''.
Purpose and Summary
H.R. 6198 seeks to ensure the Department of Homeland
Security (DHS or Department) has the structure, authority, and
tools it needs to counter the threat of weapons of mass
destruction. It consolidates the Office of Health Affairs and
Domestic Nuclear Detection Office, along with some other
Department programs and personnel, into a Countering Weapons of
Mass Destruction Office to ensure coordination and unity of
effort at the Department on these threats. The bill also
includes the text of the Securing the Cities Act, which passed
the House in 2017.
Background and Need for Legislation
Departments and agencies across the U.S. government have
centralized their weapons of mass destruction (WMD) defense
programs to provide clear focal points for dealing with this
threat. However, DHS responsibilities in this area have
historically been spread across many offices in the Department
with varying authorities and functions, affecting strategic
direction as well as interdepartmental and interagency
coordination.
Specifically, the Office of Health Affairs (OHA)
coordinates some of the chemical and biological defense
activities for DHS and has a role in preparedness for the
homeland security health impacts of all chemical, biological,
radiological, and nuclear (CBRN) threats. The Domestic Nuclear
Detection Office (DNDO) leads the Department's radiological and
nuclear detection programs, risk assessments, and research and
development (R&D;). The Science and Technology Directorate (S&T;)
conducts terrorism risk assessments and the R&D; for chemical
and biological defense.
To address this fractured organization, last Congress, the
Obama Administration proposed a reorganization that would
consolidate OHA, DNDO, the Office for Bombing Prevention, the
chemical, biological, radiological, nuclear, and explosives
(CBRNE) activities of the Office of Policy and Office of
Operations Coordination, and risk assessment activities of S&T;,
into a new CBRNE office reporting to an Assistant Secretary.
Working with the Obama Administration, on November 2, 2015,
Chairman McCaul introduced the Department of Homeland Security
CBRNE Defense Act (H.R. 3875) to authorize the CBRNE Office.
The House passed H.R. 3875 by voice vote on December 10, 2015,
but was not passed by the Senate before the end of the 114th
Congress.
Committee staff began engaging with the Trump
Administration on this issue early last year as they worked to
determine the path they wanted to take. On October 6, 2017,
former Acting Secretary of Homeland Security Elaine Duke sent a
letter to Chairman McCaul and Ranking Member Thompson notifying
them of her intention to exercise her authority under section
872 of the Homeland Security Act of 2002 to reorganize certain
chemical, biological, radiological, and nuclear functions into
a new ``Countering Weapons of Mass Destruction Office.'' In the
letter, Secretary Duke stated there is an increased danger from
terrorist use of CBRN agents and ``. . . DHS believes terrorist
groups are actively pursuing such capabilities, are using
battlefield environments to test them, and may be working to
incorporate these methods into external operations in ways we
have not seen previously.''\1\ Former Acting Secretary Duke
concluded that the Department was not optimally organized to
meet this threat. Therefore, Acting Secretary Duke established
a ``unity of command structure,'' headed by an Assistant
Secretary for CWMD. Taking effect on December 5, 2017, the CWMD
Office contains all of DNDO, OHA (with the exception of its
workforce health and medical support functions, which will be
housed in the Management Directorate), non-research and
development WMD functions of the Science and Technology
Directorate (terrorism risk assessments), and chemical and
biological related functions of the Office of Strategy, Policy,
and Plans and the Office of Operations and Coordination.\2\
---------------------------------------------------------------------------
\1\Letter from Elaine C. Duke, Acting Secretary of Homeland
Security, to Michael McCaul, Chairman of the Committee on Homeland
Security (Oct. 6, 2017) (on file with author).
\2\Id. at 2-3.
---------------------------------------------------------------------------
DHS officials realized that its 872 authority could only
take them so far and that for the ultimate success of this
endeavor, legislation authorizing the CWMD Office and its
activities would be necessary. The structure outlined in the
Secretary's letter adds an accountable official for CWMD.
However, the structure, location, and day to day functioning of
the various offices impacted by the reorganization remain the
same. As a result, the Secretary submitted a legislative
proposal to the Committee on December 14, 2017, to further
integrate the functions of these offices.
H.R. 6198 authorizes the establishment of the CWMD Office,
integrating the Department's chemical, biological,
radiological, and nuclear policy and support functions. The
bill is similar to a provision in the Senate's version of the
Department of Homeland Security Authorization Act (H.R. 2825).
Both proposals have benefitted from engagement with and
feedback from the Department.
Hearings
The Committee did not hold a legislative hearing on H.R.
6198. However, the Subcommittee on Emergency Preparedness,
Response, and Communications held a hearing with Department
officials on December 7, 2017, to discuss the plan and vision
for the Countering Weapons of Mass Destruction Office. The
Subcommittee also held a classified CBRN threat briefing with
officials from the CWMD Office earlier this year.
Committee Consideration
The Committee met on July 24, 2018, to consider H.R. 6198,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The Committee adopted H.R. 6198, as amended, by unanimous
consent.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Donovan (#1); was AGREED TO, as amended, by unanimous consent.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Payne (#1A); Page 3, line 17, insert ``for''
after ``plan''.
Page 17, line 3, strike ``and'' after the semicolon.
Page 17, beginning line 4, insert the following: (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;
was AGREED TO, by unanimous consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
The Committee on Homeland Security considered H.R. 6198 on
July 24, 2018, and took the following votes:
No recorded votes were requested during consideration of
H.R. 6198.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
6198, the Countering Weapons of Mass Destruction Act of 2018,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 6, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for Department of Homeland
Security legislation ordered reported by the Committee on
Homeland Security on July 24, 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
Department of Homeland Security Legislation
On July 24, the House Committee on Homeland Security
ordered two bills to be reported. The bills are:
H.R. 6198, the Countering Weapons of Mass
Destruction Act of 2018; and
H.R. 6439, the Biometric Identification
Transnational Migration Alert Program Authorization Act
of 2018.
Both bills would mostly codify programs that currently
exist at the Department of Homeland Security (DHS). CBO
estimates that enacting the bills would not significantly
affect spending by DHS.
Enacting the bills would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting the bills would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
Neither bill contains intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 6198 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 6198 authorizes the consolidation of offices and
functions related to weapons of mass destruction to ensure a
more integrated, efficient operations within the Department and
with its stakeholders. The bill requires the Secretary of
Homeland Security to report to the appropriate congressional
committees with information on cost savings and/or efficiencies
gained as a result of the organization, areas of collaboration
between the CWMD Office and other offices and components of the
Department and other Federal agencies, and how the organization
of the CWMD Office is enhancing the development of CBRN
priorities and capabilities across the Department.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6198 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 6198 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 6198 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section designates the short title of the bill as the
``Countering Weapons of Mass Destruction Act of 2018.''
Sec. 2. Countering weapons of mass destruction
This section amends Title XIX of the Homeland Security Act
of 2002 by including new definitions for the Assistant
Secretary, Intelligence Community, Office, and Weapons of Mass
Destruction and creating three new subtitles:
Subtitle A establishes the Countering Weapons of Mass
Destruction office, led by an Assistant Secretary. It
sets forth the responsibilities of the Assistant
Secretary as the Secretary of Homeland Security's
principal advisor on weapons of mass destruction
matters and strategies and coordinating efforts to
counter weapons of mass destruction. The Subtitle
further permits the Secretary to request the
reimbursable detail of personnel from other Federal
agencies, such as the Department of Defense, and
Department of Energy.
Subtitle B sets forth the mission of the Countering
Weapons of Mass Destruction Office, its relationship to
other DHS entities and federal agencies, and authorizes
the Securing the Cities Program. The language
authorizing the Securing the Cities Program is
identical to Congressman Donovan's Securing the Cities
Act of 2017, which passed the House by voice vote on
January 31, 2017.
Subtitle C authorizes the position of the Chief
Medical Officer (CMO). The CMO was previously
authorized in section 516 of the Homeland Security Act.
This Subtitle transfers the CMO authorization to Title
XIX, reporting to the Assistant Secretary for the
Countering Weapons of Mass Destruction Office. Subtitle
C also makes the Under Secretary for Management
responsible for the Department's workforce health
activities, a responsibility previously held by the
CMO.
The bill transfers the functions personnel, budget,
authority, and assets of the Domestic Nuclear Detection Office
and Office of Health Affairs to the Countering Weapons of Mass
Destruction Office, eliminates the offices, and eliminates the
positions of Assistant Secretary for Health Affairs and the
Director for Domestic Nuclear Detection.
Finally, the bill requires the Secretary to provide an
annual briefing and report to the appropriate congressional
committees on the organization and management of the
Department's chemical, biological, radiological, and nuclear
(CBRN activities), an inventory of such activities; information
on how the Countering Weapons of Mass Destruction Office will
enhance the Department's CBRN priorities and capabilities, a
discussion of cost savings and efficiencies gained through the
organization, information on how the Assistance Secretary for
the CWMD Office is coordinating with the Under Secretary for
Science and Technology on research and development activities,
and recommendations for any necessary statutory changes.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
TITLE VII--MANAGEMENT
* * * * * * *
Sec. 710. Workforce health and medical support.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
[Sec. 516. Chief Medical Officer.]
* * * * * * *
[TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
[Sec. 1901. Domestic Nuclear Detection Office.
[Sec. 1902. Mission of Office.
[Sec. 1903. Hiring authority.
[Sec. 1904. Testing authority.
[Sec. 1905. Relationship to other Department entities and Federal
agencies.
[Sec. 1906. Contracting and grant making authorities.
[Sec. 1907. Joint annual interagency review of global nuclear detection
architecture.]
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
architecture.
Sec. 1928. Securing the Cities program.
Subtitle C--Chief Medical Officer
Sec. 1931. Chief Medical Officer.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--
(1) In general.--Except as provided under paragraph
(2), there are the following officers, appointed by the
President, by and with the advice and consent of the
Senate:
(A) A Deputy Secretary of Homeland Security,
who shall be the Secretary's first assistant
for purposes of subchapter III of chapter 33 of
title 5, United States Code.
(B) An Under Secretary for Science and
Technology.
(C) A Commissioner of U.S. Customs and Border
Protection.
(D) An Administrator of the Federal Emergency
Management Agency.
(E) A Director of the Bureau of Citizenship
and Immigration Services.
(F) An Under Secretary for Management, who
shall be first assistant to the Deputy
Secretary of Homeland Security for purposes of
subchapter III of chapter 33 of title 5, United
States Code.
(G) A Director of U.S. Immigration and
Customs Enforcement.
(H) An Under Secretary responsible for
overseeing critical infrastructure protection,
cybersecurity, and other related programs of
the Department.
(I) Not more than 12 Assistant Secretaries.
(J) A General Counsel, who shall be the chief
legal officer of the Department.
(K) An Under Secretary for Strategy, Policy,
and Plans.
(2) Assistant secretaries.--If any of the Assistant
Secretaries referred to under paragraph (1)(I) is
designated to be the Assistant Secretary for Health
Affairs, the Assistant Secretary for Legislative
Affairs, or the Assistant Secretary for Public Affairs,
that Assistant Secretary shall be appointed by the
President without the advice and consent of the Senate.
(b) Inspector General.--There shall be in the Department an
Office of Inspector General and an Inspector General at the
head of such office, as provided in the Inspector General Act
of 1978 (5 U.S.C. App.).
(c) Commandant of the Coast Guard.--To assist the Secretary
in the performance of the Secretary's functions, there is a
Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and who
shall report directly to the Secretary. In addition to such
duties as may be provided in this Act and as assigned to the
Commandant by the Secretary, the duties of the Commandant shall
include those required by section 2 of title 14, United States
Code.
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil Liberties.
(4) [A Director for Domestic Nuclear Detection] An
Assistant Secretary for the Countering Weapons of Mass
Destruction Office.
(5) Any Director of a Joint Task Force under section
708.
(e) Chief Financial Officer.--There shall be in the
Department a Chief Financial Officer, as provided in chapter 9
of title 31, United States Code.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
(g) Vacancies.--
(1) Absence, disability, or vacancy of secretary or
deputy secretary.--Notwithstanding chapter 33 of title
5, United States Code, the Under Secretary for
Management shall serve as the Acting Secretary if by
reason of absence, disability, or vacancy in office,
neither the Secretary nor Deputy Secretary is available
to exercise the duties of the Office of the Secretary.
(2) Further order of succession.--Notwithstanding
chapter 33 of title 5, United States Code, the
Secretary may designate such other officers of the
Department in further order of succession to serve as
Acting Secretary.
(3) Notification of vacancies.--The Secretary shall
notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives of
any vacancies that require notification under sections
3345 through 3349d of title 5, United States Code
(commonly known as the ``Federal Vacancies Reform Act
of 1998'').
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
(a) Establishment.--The [Secretary shall] Secretary, acting
through the Assistant Secretary for the Countering Weapons of
Mass Destruction Office, shall establish, operate, and maintain
a National Biosurveillance Integration Center (referred to in
this section as the ``NBIC''), which shall be headed by a
Directing Officer, under an office or directorate of the
Department that is in existence as of the date of the enactment
of this section.
(b) Primary Mission.--The primary mission of the NBIC is to--
(1) enhance the capability of the Federal Government
to--
(A) rapidly identify, characterize, localize,
and track a biological event of national
concern by integrating and analyzing data
relating to human health, animal, plant, food,
and environmental monitoring systems (both
national and international); and
(B) disseminate alerts and other information
to Member Agencies and, in coordination with
(and where possible through) Member Agencies,
to agencies of State, local, and tribal
governments, as appropriate, to enhance the
ability of such agencies to respond to a
biological event of national concern; and
(2) oversee development and operation of the National
Biosurveillance Integration System.
(c) Requirements.--The NBIC shall detect, as early as
possible, a biological event of national concern that presents
a risk to the United States or the infrastructure or key assets
of the United States, including by--
(1) consolidating data from all relevant surveillance
systems maintained by Member Agencies to detect
biological events of national concern across human,
animal, and plant species;
(2) seeking private sources of surveillance, both
foreign and domestic, when such sources would enhance
coverage of critical surveillance gaps;
(3) using an information technology system that uses
the best available statistical and other analytical
tools to identify and characterize biological events of
national concern in as close to real-time as is
practicable;
(4) providing the infrastructure for such
integration, including information technology systems
and space, and support for personnel from Member
Agencies with sufficient expertise to enable analysis
and interpretation of data;
(5) working with Member Agencies to create
information technology systems that use the minimum
amount of patient data necessary and consider patient
confidentiality and privacy issues at all stages of
development and apprise the Privacy Officer of such
efforts; and
(6) alerting Member Agencies and, in coordination
with (and where possible through) Member Agencies,
public health agencies of State, local, and tribal
governments regarding any incident that could develop
into a biological event of national concern.
(d) Responsibilities of the Directing Officer of the NBIC.--
(1) In general.--The Directing Officer of the NBIC
shall--
(A) on an ongoing basis, monitor the
availability and appropriateness of
surveillance systems used by the NBIC and those
systems that could enhance biological
situational awareness or the overall
performance of the NBIC;
(B) on an ongoing basis, review and seek to
improve the statistical and other analytical
methods used by the NBIC;
(C) receive and consider other relevant
homeland security information, as appropriate;
and
(D) provide technical assistance, as
appropriate, to all Federal, regional, State,
local, and tribal government entities and
private sector entities that contribute data
relevant to the operation of the NBIC.
(2) Assessments.--The Directing Officer of the NBIC
shall--
(A) on an ongoing basis, evaluate available
data for evidence of a biological event of
national concern; and
(B) integrate homeland security information
with NBIC data to provide overall situational
awareness and determine whether a biological
event of national concern has occurred.
(3) Information sharing.--
(A) In general.--The Directing Officer of the
NBIC shall--
(i) establish a method of real-time
communication with the National
Operations Center;
(ii) in the event that a biological
event of national concern is detected,
notify the Secretary and disseminate
results of NBIC assessments relating to
that biological event of national
concern to appropriate Federal response
entities and, in coordination with
relevant Member Agencies, regional,
State, local, and tribal governmental
response entities in a timely manner;
(iii) provide any report on NBIC
assessments to Member Agencies and, in
coordination with relevant Member
Agencies, any affected regional, State,
local, or tribal government, and any
private sector entity considered
appropriate that may enhance the
mission of such Member Agencies,
governments, or entities or the ability
of the Nation to respond to biological
events of national concern; and
(iv) share NBIC incident or
situational awareness reports, and
other relevant information, consistent
with the information sharing
environment established under section
1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6
U.S.C. 485) and any policies,
guidelines, procedures, instructions,
or standards established under that
section.
(B) Consultation.--The Directing Officer of
the NBIC shall implement the activities
described in subparagraph (A) consistent with
the policies, guidelines, procedures,
instructions, or standards established under
section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485)
and in consultation with the Director of
National Intelligence, the Under Secretary for
Intelligence and Analysis, and other offices or
agencies of the Federal Government, as
appropriate.
(e) Responsibilities of the NBIC Member Agencies.--
(1) In general.--Each Member Agency shall--
(A) use its best efforts to integrate
biosurveillance information into the NBIC, with
the goal of promoting information sharing
between Federal, State, local, and tribal
governments to detect biological events of
national concern;
(B) provide timely information to assist the
NBIC in maintaining biological situational
awareness for accurate detection and response
purposes;
(C) enable the NBIC to receive and use
biosurveillance information from member
agencies to carry out its requirements under
subsection (c);
(D) connect the biosurveillance data systems
of that Member Agency to the NBIC data system
under mutually agreed protocols that are
consistent with subsection (c)(5);
(E) participate in the formation of strategy
and policy for the operation of the NBIC and
its information sharing;
(F) provide personnel to the NBIC under an
interagency personnel agreement and consider
the qualifications of such personnel necessary
to provide human, animal, and environmental
data analysis and interpretation support to the
NBIC; and
(G) retain responsibility for the
surveillance and intelligence systems of that
department or agency, if applicable.
(f) Administrative Authorities.--
(1) Hiring of experts.--The Directing Officer of the
NBIC shall hire individuals with the necessary
expertise to develop and operate the NBIC.
(2) Detail of personnel.--Upon the request of the
Directing Officer of the NBIC, the head of any Federal
department or agency may detail, on a reimbursable
basis, any of the personnel of that department or
agency to the Department to assist the NBIC in carrying
out this section.
(g) NBIC Interagency Working Group.--The Directing Officer of
the NBIC shall--
(1) establish an interagency working group to
facilitate interagency cooperation and to advise the
Directing Officer of the NBIC regarding recommendations
to enhance the biosurveillance capabilities of the
Department; and
(2) invite Member Agencies to serve on that working
group.
(h) Relationship to Other Departments and Agencies.--The
authority of the Directing Officer of the NBIC under this
section shall not affect any authority or responsibility of any
other department or agency of the Federal Government with
respect to biosurveillance activities under any program
administered by that department or agency.
(i) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section.
(j) Definitions.--In this section:
(1) The terms ``biological agent'' and ``toxin'' have
the meanings given those terms in section 178 of title
18, United States Code.
(2) The term ``biological event of national concern''
means--
(A) an act of terrorism involving a
biological agent or toxin; or
(B) a naturally occurring outbreak of an
infectious disease that may result in a
national epidemic.
(3) The term ``homeland security information'' has
the meaning given that term in section 892.
(4) The term ``Member Agency'' means any Federal
department or agency that, at the discretion of the
head of that department or agency, has entered a
memorandum of understanding regarding participation in
the NBIC.
(5) The term ``Privacy Officer'' means the Privacy
Officer appointed under section 222.
SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION
PROGRAM.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the
Director selected under subsection (b)(2).
(2) International cooperative activity.--The term
``international cooperative activity'' includes--
(A) coordinated research projects, joint
research projects, or joint ventures;
(B) joint studies or technical
demonstrations;
(C) coordinated field exercises, scientific
seminars, conferences, symposia, and workshops;
(D) training of scientists and engineers;
(E) visits and exchanges of scientists,
engineers, or other appropriate personnel;
(F) exchanges or sharing of scientific and
technological information; and
(G) joint use of laboratory facilities and
equipment.
(b) Science and Technology Homeland Security International
Cooperative Programs Office.--
(1) Establishment.--The Under Secretary shall
establish the Science and Technology Homeland Security
International Cooperative Programs Office.
(2) Director.--The Office shall be headed by a
Director, who--
(A) shall be selected, in consultation with
the Assistant Secretary for International
Affairs, by and shall report to the Under
Secretary; and
(B) may be an officer of the Department
serving in another position.
(3) Responsibilities.--
(A) Development of mechanisms.--The Director
shall be responsible for developing, in
coordination with the Department of State and,
as appropriate, the Department of Defense, the
Department of Energy, and other Federal
agencies, understandings and agreements to
allow and to support international cooperative
activity in support of homeland security.
(B) Priorities.--The Director shall be
responsible for developing, in coordination
with the Office of International Affairs and
other Federal agencies, strategic priorities
for international cooperative activity for the
Department in support of homeland security.
(C) Activities.--The Director shall
facilitate the planning, development, and
implementation of international cooperative
activity to address the strategic priorities
developed under subparagraph (B) through
mechanisms the Under Secretary considers
appropriate, including grants, cooperative
agreements, or contracts to or with foreign
public or private entities, governmental
organizations, businesses (including small
businesses and socially and economically
disadvantaged small businesses (as those terms
are defined in sections 3 and 8 of the Small
Business Act (15 U.S.C. 632 and 637),
respectively)), federally funded research and
development centers, and universities.
(D) Identification of partners.--The Director
shall facilitate the matching of United States
entities engaged in homeland security research
with non-United States entities engaged in
homeland security research so that they may
partner in homeland security research
activities.
(4) Coordination.--The Director shall ensure that the
activities under this subsection are coordinated with
the Office of International Affairs and the Department
of State and, as appropriate, the Department of
Defense, the Department of Energy, and other relevant
Federal agencies or interagency bodies. The Director
may enter into joint activities with other Federal
agencies.
(c) Matching Funding.--
(1) In general.--
(A) Equitability.--The Director shall ensure
that funding and resources expended in
international cooperative activity will be
equitably matched by the foreign partner
government or other entity through direct
funding, funding of complementary activities,
or the provision of staff, facilities,
material, or equipment.
(B) Grant matching and repayment.--
(i) In general.--The Secretary may
require a recipient of a grant under
this section--
(I) to make a matching
contribution of not more than
50 percent of the total cost of
the proposed project for which
the grant is awarded; and
(II) to repay to the
Secretary the amount of the
grant (or a portion thereof),
interest on such amount at an
appropriate rate, and such
charges for administration of
the grant as the Secretary
determines appropriate.
(ii) Maximum amount.--The Secretary
may not require that repayment under
clause (i)(II) be more than 150 percent
of the amount of the grant, adjusted
for inflation on the basis of the
Consumer Price Index.
(2) Foreign partners.--Partners may include Israel,
the United Kingdom, Canada, Australia, Singapore, and
other allies in the global war on terrorism as
determined to be appropriate by the Secretary of
Homeland Security and the Secretary of State.
(3) Loans of equipment.--The Director may make or
accept loans of equipment for research and development
and comparative testing purposes.
(d) Foreign Reimbursements.--If the Science and Technology
Homeland Security International Cooperative Programs Office
participates in an international cooperative activity with a
foreign partner on a cost-sharing basis, any reimbursements or
contributions received from that foreign partner to meet its
share of the project may be credited to appropriate current
appropriations accounts of the Directorate of Science and
Technology.
(e) Report to Congress on International Cooperative
Activities.--Not later than one year after the date of
enactment of this section, and every 5 years thereafter, the
Under Secretary, acting through the Director, shall submit to
Congress a report containing--
(1) a brief description of each grant, cooperative
agreement, or contract made or entered into under
subsection (b)(3)(C), including the participants,
goals, and amount and sources of funding;
(2) a list of international cooperative activities
underway, including the participants, goals, expected
duration, and amount and sources of funding, including
resources provided to support the activities in lieu of
direct funding; and
(3) for international cooperative activities
identified in the previous reporting period, a status
update on the progress of such activities, including
whether goals were realized, explaining any lessons
learned, and evaluating overall success; and
(4) a discussion of obstacles encountered in the
course of forming, executing, or implementing
agreements for international cooperative activities,
including administrative, legal, or diplomatic
challenges or resource constraints.
(f) Animal and Zoonotic Diseases.--As part of the
international cooperative activities authorized in this
section, the Under Secretary, in coordination with [the Chief
Medical Officer,] the Assistant Secretary for the Countering
Weapons of Mass Destruction Office, the Department of State,
and appropriate officials of the Department of Agriculture, the
Department of Defense, and the Department of Health and Human
Services, may enter into cooperative activities with foreign
countries, including African nations, to strengthen American
preparedness against foreign animal and zoonotic diseases
overseas that could harm the Nation's agricultural and public
health sectors if they were to reach the United States.
(g) Cybersecurity.--As part of the international cooperative
activities authorized in this section, the Under Secretary, in
coordination with the Department of State and appropriate
Federal officials, may enter into cooperative research
activities with Israel to strengthen preparedness against cyber
threats and enhance capabilities in cybersecurity.
(h) Construction; Authorities of the Secretary of State.--
Nothing in this section shall be construed to alter or affect
the following provisions of law:
(1) Title V of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
(2) Section 112b(c) of title 1, United States Code.
(3) Section 1(e)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
(4) Sections 2 and 27 of the Arms Export Control Act
(22 U.S.C. 2752 and 22 U.S.C. 2767).
(5) Section 622(c) of the Foreign Assistance Act of
1961 (22 U.S.C. 2382(c)).
(i) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section such sums as are
necessary.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 505. FUNCTIONS TRANSFERRED.
(a) In General.--Except as provided in subsection (b), there
are transferred to the Agency the following:
(1) All functions of the Federal Emergency Management
Agency, including existing responsibilities for
emergency alert systems and continuity of operations
and continuity of government plans and programs as
constituted on June 1, 2006, including all of its
personnel, assets, components, authorities, grant
programs, and liabilities, and including the functions
of the Under Secretary for Federal Emergency Management
relating thereto.
(2) The Directorate of Preparedness, as constituted
on June 1, 2006, including all of its functions,
personnel, assets, components, authorities, grant
programs, and liabilities, and including the functions
of the Under Secretary for Preparedness relating
thereto.
(b) Exceptions.--The following within the Preparedness
Directorate shall not be transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
[(4) The Office of the Chief Medical Officer.
[(5)] (4) The functions, personnel, assets,
components, authorities, and liabilities of each
component described under paragraphs (1) [through (4)]
through (3).
* * * * * * *
[SEC. 516. CHIEF MEDICAL OFFICER.
[(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President.
[(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and
knowledge of medicine and public health.
[(c) Responsibilities.--The Chief Medical Officer shall have
the primary 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 to the
Secretary and the Administrator on medical and public
health issues;
[(2) coordinating the biodefense activities of the
Department;
[(3) ensuring internal and external coordination of
all medical preparedness and response activities of the
Department, including training, exercises, and
equipment support;
[(4) serving as the Department's primary point of
contact with the Department of Agriculture, the
Department of Defense, the Department of Health and
Human Services, the Department of Transportation, the
Department of Veterans Affairs, and other Federal
departments or agencies, on medical and public health
issues;
[(5) serving as the Department's primary point of
contact for State, local, and tribal governments, the
medical community, and others within and outside the
Department, with respect to medical and public health
matters;
[(6) discharging, in coordination with the Under
Secretary for Science and Technology, the
responsibilities of the Department related to Project
Bioshield; and
[(7) performing such other duties relating to such
responsibilities as the Secretary may require.]
* * * * * * *
SEC. 528. COORDINATION OF DEPARTMENT OF HOMELAND SECURITY EFFORTS
RELATED TO FOOD, AGRICULTURE, AND VETERINARY
DEFENSE AGAINST TERRORISM.
(a) Program Required.--The Secretary, acting through the
Assistant Secretary for [Health Affairs,] the Countering
Weapons of Mass Destruction Office, shall carry out a program
to coordinate the Department's efforts related to defending the
food, agriculture, and veterinary systems of the United States
against terrorism and other high-consequence events that pose a
high risk to homeland security.
(b) Program Elements.--The coordination program required by
subsection (a) shall include, at a minimum, the following:
(1) Providing oversight and management of the
Department's responsibilities pursuant to Homeland
Security Presidential Directive 9-Defense of United
States Agriculture and Food.
(2) Providing oversight and integration of the
Department's activities related to veterinary public
health, food defense, and agricultural security.
(3) Leading the Department's policy initiatives
relating to food, animal, and agricultural incidents,
and the impact of such incidents on animal and public
health.
(4) Leading the Department's policy initiatives
relating to overall domestic preparedness for and
collective response to agricultural terrorism.
(5) Coordinating with other Department components,
including U.S. Customs and Border Protection, as
appropriate, on activities related to food and
agriculture security and screening procedures for
domestic and imported products.
(6) Coordinating with appropriate Federal departments
and agencies.
(7) Other activities as determined necessary by the
Secretary.
(c) Rule of Construction.--Nothing in this section may be
construed as altering or superseding the authority of the
Secretary of Agriculture or the Secretary of Health and Human
Services.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
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 these responsibilities, 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 and offices
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 such
responsibilities as the Secretary may require.
* * * * * * *
TITLE XIX--[DOMESTIC NUCLEAR DETECTION OFFICE] COUNTERING WEAPONS OF
MASS DESTRUCTION OFFICE
[SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE.
[(a) Establishment.--There shall be established in the
Department a Domestic Nuclear Detection Office (referred to in
this title as the ``Office''). 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 directors of other Federal
agencies, including elements of the Intelligence Community,
provide for the reimbursable detail of personnel with relevant
expertise to the Office.
[(b) Director.--The Office shall be headed by a Director for
Domestic Nuclear Detection, who shall be appointed by the
President.]
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 efforts 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
directors of other Federal agencies, including elements of the
intelligence community, provide for the reimbursable detail of
personnel with relevant expertise to the Office.
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 strategy and policy
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 ENTITIES 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
Department 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, assets, and
liabilities of any entity within the Department or any Federal
department or agency.
(b) 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 or the Agency, including
the diversion of any asset, function, or mission of the Agency
or the Administrator of the Agency.
SEC. [1902. MISSION OF OFFICE.] 1923. RESPONSIBILITIES.
(a) Mission.--The Office shall be responsible for
coordinating Federal efforts to detect and protect against the
unauthorized importation, possession, storage, transportation,
development, or use of a nuclear explosive device, fissile
material, or radiological material in the United States, and to
protect against attack using such devices or materials against
the people, territory, or interests of the United States and,
to this end, shall--
(1) serve as the primary entity of the United States
Government to further develop, acquire, and support the
deployment of an enhanced domestic system to detect and
report on attempts to import, possess, store,
transport, develop, or use an unauthorized nuclear
explosive device, fissile material, or radiological
material in the United States, and improve that system
over time;
(2) enhance and coordinate the nuclear detection
efforts of Federal, State, local, and tribal
governments and the private sector to ensure a managed,
coordinated response;
(3) establish, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Energy,
additional protocols and procedures for use within the
United States to ensure that the detection of
unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported
to the Attorney General, the Secretary, the Secretary
of Defense, the Secretary of Energy, and other
appropriate officials or their respective designees for
appropriate action by law enforcement, military,
emergency response, or other authorities;
(4) develop, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, an enhanced global nuclear
detection architecture with implementation under
which--
(A) the Office will be responsible for the
implementation of the domestic portion of the
global architecture;
(B) the Secretary of Defense will retain
responsibility for implementation of Department
of Defense requirements within and outside the
United States; and
(C) the Secretary of State, the Secretary of
Defense, and the Secretary of Energy will
maintain their respective responsibilities for
policy guidance and implementation of the
portion of the global architecture outside the
United States, which will be implemented
consistent with applicable law and relevant
international arrangements;
(5) ensure that the expertise necessary to accurately
interpret detection data is made available in a timely
manner for all technology deployed by the Office to
implement the global nuclear detection architecture;
(6) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and
transformational program of research and development to
generate and improve technologies to detect and prevent
the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive
device or fissile or radiological material, and
coordinate with the Under Secretary for Science and
Technology on basic and advanced or transformational
research and development efforts relevant to the
mission of both organizations;
(7) carry out a program to test and evaluate
technology for detecting a nuclear explosive device and
fissile or radiological material, in coordination with
the Secretary of Defense and the Secretary of Energy,
as appropriate, and establish performance metrics for
evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or
material--
(A) under realistic operational and
environmental conditions; and
(B) against realistic adversary tactics and
countermeasures;
(8) support and enhance the effective sharing and use
of appropriate information generated by the
intelligence community, law enforcement agencies,
counterterrorism community, other government agencies,
and foreign governments, as well as provide appropriate
information to such entities;
(9) further enhance and maintain continuous awareness
by analyzing information from all Office mission-
related detection systems;
(10) lead the development and implementation of the
national strategic five-year plan for improving the
nuclear forensic and attribution capabilities of the
United States required under section 1036 of the
National Defense Authorization Act for Fiscal Year
2010;
(11) establish, within the [Domestic Nuclear
Detection Office] Office, the National Technical
Nuclear Forensics Center to provide centralized
stewardship, planning, assessment, gap analysis,
exercises, improvement, and integration for all Federal
nuclear forensics and attribution activities--
(A) to ensure an enduring national technical
nuclear forensics capability to strengthen the
collective response of the United States to
nuclear terrorism or other nuclear attacks; and
(B) to coordinate and implement the national
strategic five-year plan referred to in
paragraph (10);
(12) establish a National Nuclear Forensics Expertise
Development Program, which--
(A) is devoted to developing and maintaining
a vibrant and enduring academic pathway from
undergraduate to post-doctorate study in
nuclear and geochemical science specialties
directly relevant to technical nuclear
forensics, including radiochemistry,
geochemistry, nuclear physics, nuclear
engineering, materials science, and analytical
chemistry;
(B) shall--
(i) make available for undergraduate
study student scholarships, with a
duration of up to 4 years per student,
which shall include, if possible, at
least 1 summer internship at a national
laboratory or appropriate Federal
agency in the field of technical
nuclear forensics during the course of
the student's undergraduate career;
(ii) make available for doctoral
study student fellowships, with a
duration of up to 5 years per student,
which shall--
(I) include, if possible, at
least 2 summer internships at a
national laboratory or
appropriate Federal agency in
the field of technical nuclear
forensics during the course of
the student's graduate career;
and
(II) require each recipient
to commit to serve for 2 years
in a post-doctoral position in
a technical nuclear forensics-
related specialty at a national
laboratory or appropriate
Federal agency after
graduation;
(iii) make available to faculty
awards, with a duration of 3 to 5 years
each, to ensure faculty and their
graduate students have a sustained
funding stream; and
(iv) place a particular emphasis on
reinvigorating technical nuclear
forensics programs while encouraging
the participation of undergraduate
students, graduate students, and
university faculty from historically
Black colleges and universities,
Hispanic-serving institutions, Tribal
Colleges and Universities, Asian
American and Native American Pacific
Islander-serving institutions, Alaska
Native-serving institutions, and
Hawaiian Native-serving institutions;
and
(C) shall--
(i) provide for the selection of
individuals to receive scholarships or
fellowships under this section through
a competitive process primarily on the
basis of academic merit and the nuclear
forensics and attribution needs of the
United States Government;
(ii) provide for the setting aside of
up to 10 percent of the scholarships or
fellowships awarded under this section
for individuals who are Federal
employees to enhance the education of
such employees in areas of critical
nuclear forensics and attribution needs
of the United States Government, for
doctoral education under the
scholarship on a full-time or part-time
basis;
(iii) provide that the Secretary may
enter into a contractual agreement with
an institution of higher education
under which the amounts provided for a
scholarship under this section for
tuition, fees, and other authorized
expenses are paid directly to the
institution with respect to which such
scholarship is awarded;
(iv) require scholarship recipients
to maintain satisfactory academic
progress; and
(v) require that--
(I) a scholarship recipient
who fails to maintain a high
level of academic standing, as
defined by the Secretary, who
is dismissed for disciplinary
reasons from the educational
institution such recipient is
attending, or who voluntarily
terminates academic training
before graduation from the
educational program for which
the scholarship was awarded
shall be liable to the United
States for repayment within 1
year after the date of such
default of all scholarship
funds paid to such recipient
and to the institution of
higher education on the behalf
of such recipient, provided
that the repayment period may
be extended by the Secretary if
the Secretary determines it
necessary, as established by
regulation; and
(II) a scholarship recipient
who, for any reason except
death or disability, fails to
begin or complete the post-
doctoral service requirements
in a technical nuclear
forensics-related specialty at
a national laboratory or
appropriate Federal agency
after completion of academic
training shall be liable to the
United States for an amount
equal to--
(aa) the total amount
of the scholarship
received by such
recipient under this
section; and
(bb) the interest on
such amounts which
would be payable if at
the time the
scholarship was
received such
scholarship was a loan
bearing interest at the
maximum legally
prevailing rate;
(13) provide an annual report to Congress on the
activities carried out under paragraphs (10), (11), and
(12); and
(14) perform other duties as assigned by the
Secretary.
(b) Definitions.--In this section:
(1) Alaska native-serving institution.--The term
``Alaska Native-serving institution'' has the meaning
given the term in section 317 of the Higher Education
Act of 1965 (20 U.S.C. 1059d).
(2) Asian american and native american pacific
islander-serving institution.--The term ``Asian
American and Native American Pacific Islander-serving
institution'' has the meaning given the term in section
320 of the Higher Education Act of 1965 (20 U.S.C.
1059g).
(3) Hawaiian native-serving institution.--The term
``Hawaiian native-servinginstitution'' has the meaning
given the term in section 317 of the Higher Education
Act of 1965 (20 U.S.C. 1059d).
(4) Hispanic-serving institution.--The term
``Hispanic-serving institution'' has the meaning given
that term in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a).
(5) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
(6) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given that term
in section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c(b)).
SEC. [1903.] 1924. HIRING AUTHORITY.
In hiring personnel for the Office, the Secretary shall have
the hiring and management authorities provided in section 1101
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments
for employees under subsection (c)(1) of such section may not
exceed 5 years before granting any extension under subsection
(c)(2) of such section.
SEC. [1904.] 1925. TESTING AUTHORITY.
(a) In General.--The Director shall coordinate with the
responsible Federal agency or other entity to facilitate the
use by the Office, by its contractors, or by other persons or
entities, of existing Government laboratories, centers, ranges,
or other testing facilities for the testing of materials,
equipment, models, computer software, and other items as may be
related to the missions identified in [section 1902] section
1923. Any such use of Government facilities shall be carried
out in accordance with all applicable laws, regulations, and
contractual provisions, including those governing security,
safety, and environmental protection, including, when
applicable, the provisions of section 309. The Office may
direct that private sector entities utilizing Government
facilities in accordance with this section pay an appropriate
fee to the agency that owns or operates those facilities to
defray additional costs to the Government resulting from such
use.
(b) Confidentiality of Test Results.--The results of tests
performed with services made available shall be confidential
and shall not be disclosed outside the Federal Government
without the consent of the persons for whom the tests are
performed.
(c) Fees.--Fees for services made available under this
section shall not exceed the amount necessary to recoup the
direct and indirect costs involved, such as direct costs of
utilities, contractor support, and salaries of personnel that
are incurred by the United States to provide for the testing.
(d) Use of Fees.--Fees received for services made available
under this section may be credited to the appropriation from
which funds were expended to provide such services.
[SEC. 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL
AGENCIES.
[The authority of the Director under this title shall not
affect the authorities or responsibilities of any officer of
the Department 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,
assets, and liabilities of any entity within the Department or
any Federal department or agency.]
SEC. [1906.] 1926. CONTRACTING AND GRANT MAKING AUTHORITIES.
The Secretary, acting through the [Director for Domestic
Nuclear Detection] Assistant Secretary, in carrying out the
responsibilities under [paragraphs (6) and (7) of section
1902(a)] section 1923, shall--
(1) operate extramural and intramural programs and
distribute funds through grants, cooperative
agreements, and other transactions and contracts;
(2) ensure that activities under [paragraphs (6) and
(7) of section 1902(a)] section 1923 include
investigations of radiation detection equipment in
configurations suitable for deployment at seaports,
which may include underwater or water surface detection
equipment and detection equipment that can be mounted
on cranes and straddle cars used to move shipping
containers; and
(3) have the authority to establish or contract with
1 or more federally funded research and development
centers to provide independent analysis of homeland
security issues and carry out other responsibilities
under this title.
SEC. [1907.] 1927. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR
DETECTION ARCHITECTURE.
(a) Annual Review.--
(1) In general.--The Secretary, the Attorney General,
the Secretary of State, the Secretary of Defense, the
Secretary of Energy, and the Director of National
Intelligence shall jointly ensure interagency
coordination on the development and implementation of
the global nuclear detection architecture by ensuring
that, not less frequently than once each year--
(A) each relevant agency, office, or entity--
(i) assesses its involvement,
support, and participation in the
development, revision, and
implementation of the global nuclear
detection architecture; and
(ii) examines and evaluates
components of the global nuclear
detection architecture (including
associated strategies and acquisition
plans) relating to the operations of
that agency, office, or entity, to
determine whether such components
incorporate and address current threat
assessments, scenarios, or intelligence
analyses developed by the Director of
National Intelligence or other agencies
regarding threats relating to nuclear
or radiological weapons of mass
destruction;
(B) each agency, office, or entity deploying
or operating any nuclear or radiological
detection technology under the global nuclear
detection architecture--
(i) evaluates the deployment and
operation of nuclear or radiological
detection technologies under the global
nuclear detection architecture by that
agency, office, or entity;
(ii) identifies performance
deficiencies and operational or
technical deficiencies in nuclear or
radiological detection technologies
deployed under the global nuclear
detection architecture; and
(iii) assesses the capacity of that
agency, office, or entity to implement
the responsibilities of that agency,
office, or entity under the global
nuclear detection architecture; and
(C) the [Director of the Domestic Nuclear
Detection Office] Assistant Secretary and each
of the relevant departments that are partners
in the National Technical Forensics Center--
(i) include, as part of the
assessments, evaluations, and reviews
required under this paragraph, each
office's or department's activities and
investments in support of nuclear
forensics and attribution activities
and specific goals and objectives
accomplished during the previous year
pursuant to the national strategic
five-year plan for improving the
nuclear forensic and attribution
capabilities of the United States
required under section 1036 of the
National Defense Authorization Act for
Fiscal Year 2010;
(ii) attaches, as an appendix to the
Joint Interagency Annual Review, the
most current version of such strategy
and plan; and
(iii) includes a description of new
or amended bilateral and multilateral
agreements and efforts in support of
nuclear forensics and attribution
activities accomplished during the
previous year.
(2) Technology.--Not less frequently than once each
year, the Secretary shall examine and evaluate the
development, assessment, and acquisition of radiation
detection technologies deployed or implemented in
support of the domestic portion of the global nuclear
detection architecture.
(b) Annual Report on Joint Interagency Review.--
(1) In general.--Not later than March 31 of each
year, the Secretary, the Attorney General, the
Secretary of State, the Secretary of Defense, the
Secretary of Energy, and the Director of National
Intelligence, shall jointly submit a report regarding
the implementation of this section and the results of
the reviews required under subsection (a) to--
(A) the President;
(B) the Committee on Appropriations, the
Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Homeland Security and Governmental Affairs of
the Senate; and
(C) the Committee on Appropriations, the
Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee
on Homeland Security, and the Committee on
Science and Technology of the House of
Representatives.
(2) Form.--The annual report submitted under
paragraph (1) shall be submitted in unclassified form
to the maximum extent practicable, but may include a
classified annex.
(c) Definition.--In this section, the term ``global nuclear
detection architecture'' means the global nuclear detection
architecture developed under [section 1902] section 1923.
SEC. 1928. SECURING THE CITIES PROGRAM.
(a) Establishment.--The Secretary, through the Assistant
Secretary for the Countering Weapons of Mass Destruction
Office, shall establish the ``Securing the Cities'' (``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.
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 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 nuclear
or other radiological materials among appropriate
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 appropriate, 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 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 three
days before the designation of a new jurisdiction in accordance
with subsection (b) or any other change to participating
jurisdictions.
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 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.
* * * * * * *
ADDITIONAL VIEWS
While I support H.R. 6198, the ``Countering Weapons of Mass
Destruction Act of 2018,'' and believe it could be effective in
enhancing the Department of Homeland Security's ability to
carry out its responsibilities regarding chemical, biological,
radiological, nuclear, and explosives risks, I am disappointed
with how the Department advanced this effort.
The Department should have engaged substantively with the
Committee and submitted a concrete legislative proposal to its
Congressional authorizers before it unilaterally exercised
authority under Section 872 of the Homeland Security Act of
2002 to reorganize operations of three Departmental offices.
The Department's initial legislative proposal to combine the
Domestic Nuclear Detection Office, Office of Health Affairs,
and certain operations within the Directorate for Science and
Technology was submitted to the Committee on December 14, 2017,
two months after DHS provided written notification to the
Committee of its intention to establish the Countering Weapons
of Mass Destruction (CWMD) Office. Notably, this submission
also came a week after the Department had commenced
administrative processes to effectuate the reorganization.
Bennie G. Thompson,
Ranking Member.
[all]
