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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]