Sec. 101. Countering Weapons of Mass Destruction Office

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Title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 590 et seq. ) is amended— in section 1901 ( 6 U.S.C. 591 )— in subsection (c), by striking paragraphs

(1)and

(2)and inserting the following: matters and strategies pertaining to— weapons of mass destruction; and non-medical aspects of chemical, biological, radiological, nuclear, and other related emerging threats; coordinating the efforts of the Department to counter— weapons of mass destruction; and non-medical aspects of chemical, biological, radiological, nuclear, and other related emerging threats; and enhancing the ability of Federal, State, local, and Tribal partners to prevent, detect, protect against, and mitigate the impacts of terrorist attacks in the United States to counter— weapons of mass destruction; and non-medical aspects of use of unauthorized chemical, biological, radiological, and nuclear materials, devices, or agents and other related emerging threats. ; and by striking subsection (e); by amending section 1921 ( 6 U.S.C. 591g ) to read as follows: The Office shall be responsible for— coordinating the efforts of the Department and with other Federal departments and agencies to counter— weapons of mass destruction; and chemical, biological, radiological, nuclear, and other related emerging threats; and enhancing the ability of Federal, State, local, and Tribal partners to prevent, detect, protect against, and mitigate the impacts of attacks using— weapons of mass destruction against the United States; and unauthorized chemical, biological, radiological, nuclear materials, devices, or agents and other related emerging threats against the United States. ; in section 1922 ( 6 U.S.C. 591h )— by striking subsection (b); and by redesignating subsection

(c)as subsection (b); in section 1923 ( 6 U.S.C. 592 )— by redesignating subsections

(a)and

(b)as subsections

(b)and (d), respectively; by inserting before subsection (b), as so redesignated, the following: For the purposes of coordinating the efforts of the Department to counter weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats, the Office shall— provide expertise and guidance to Department leadership and components on non-medical aspects of chemical, biological, radiological, nuclear, and other related emerging threats, subject to the research, development, testing, and evaluation coordination requirement described in subparagraph (G); in coordination with the Office for Strategy, Policy, and Plans, lead development of policies and strategies to counter weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats on behalf of the Department; identify, assess, and prioritize capability gaps relating to the strategic and mission objectives of the Department for weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats; in coordination with the Office of Intelligence and Analysis, support components of the Department, and Federal, State, local, and Tribal partners by providing intelligence and information analysis and reports on weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats; in consultation with the Science and Technology Directorate, assess risk to the United States from weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats; lead development and prioritization of Department requirements to counter weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats, subject to the research, development, testing, and evaluation coordination requirement described in subparagraph (G), which requirements shall be— developed in coordination with end users; and reviewed by the Joint Requirements Council, as directed by the Secretary; in coordination with the Science and Technology Directorate, direct, fund, and coordinate capability development activities to counter weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats research, development, test, and evaluation matters, including research, development, testing, and evaluation expertise, threat characterization, technology maturation, prototyping, and technology transition; acquire, procure, and deploy capabilities to counter weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats, and serve as the lead advisor of the Department on component acquisition, procurement, and deployment of counter-weapons of mass destruction capabilities; in coordination with the Office of Health Security, support components of the Department, and Federal, State, local, and Tribal partners on chemical, biological, radiological, nuclear, and other related emerging threats health matters; provide expertise on weapons of mass destruction and non-medical aspects of chemical, biological, radiological, nuclear, and other related emerging threats to Departmental and Federal partners to support engagements and efforts with international partners subject to the research, development, testing, and evaluation coordination requirement under subparagraph (G); and carry out any other duties assigned to the Office by the Secretary. For purposes of the detection and reporting responsibilities of the Office for weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats, the Office shall— in coordination with end users, including State, local, and Tribal partners, as appropriate— carry out a program to test and evaluate technology, in consultation with the Science and Technology Directorate, to detect and report on weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats, in coordination with other Federal agencies, as appropriate, and establish performance metrics to evaluate the effectiveness of individual detectors and detection systems in detecting those weapons of mass destruction or chemical, biological, radiological, nuclear, or other related emerging threats— under realistic operational and environmental conditions; and against realistic adversary tactics and countermeasures; in coordination with end users, conduct, support, coordinate, and encourage a transformational program of research and development to generate and improve technologies to detect, protect against, and report on the illicit entry, transport, assembly, or potential use within the United States of weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats, and coordinate with the Under Secretary for Science and Technology on research and development efforts relevant to the mission of the Office and the Under Secretary for Science and Technology; before carrying out operational testing under subparagraph (A), develop a testing and evaluation plan that articulates the requirements for the user and describes how these capability needs will be tested in developmental test and evaluation and operational test and evaluation; as appropriate, develop, acquire, and deploy equipment to detect and report on weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats in support of Federal, State, local, and Tribal governments; support and enhance the effective sharing and use of appropriate information on weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats generated by elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), law enforcement agencies, other Federal agencies, State, local, and Tribal governments, and foreign governments, as well as provide appropriate information to those entities; consult, as appropriate, with relevant Departmental components and offices, the Department of Health and Human Services, and other Federal partners, on weapons of mass destruction and non-medical aspects of chemical, biological, radiological, nuclear, and other related emerging threats and efforts to mitigate, prepare, and respond to all threats in support of the State, local, and Tribal communities; and perform other duties as assigned by the Secretary. ; in subsection (b), as so redesignated— in the subsection heading, by striking and inserting Mission ; Radiological and nuclear responsibilities in paragraph (1)— by inserting deploy, after acquire, ; and by striking deployment and inserting operations ; by striking paragraphs

(6)through (10); redesignating paragraphs

(11)and

(12)as paragraphs

(6)and (7), respectively; in paragraph (6), as so redesignated— by striking subparagraph (B); by striking activities— and all that follows through to ensure and inserting activities to ensure ; and by striking attacks; and and inserting attacks; in paragraph (7)(C)(v), as so redesignated— in the matter preceding subclause (I), by inserting except as otherwise provided, before require ; and in subclause (II)— in the matter preceding item (aa), by striking death or disability and inserting death, disability, or a finding of good cause as determined by the Assistant Secretary (including extreme hardship, extreme need, or the needs of the Office) and for which the Assistant Secretary may grant a waiver of the repayment obligation ; and in item (bb), by adding and at the end; by striking paragraph (13); and by redesignating paragraph

(14)as paragraph (8); and by inserting after subsection (b), as so redesignated, the following: The Office— shall be responsible for coordinating with other Federal efforts to enhance the ability of Federal, State, local, and Tribal governments to prevent, detect, mitigate, and protect against the importation, possession, storage, transportation, development, or use of unauthorized chemical and biological materials, devices, or agents against the United States; and shall— serve as a primary entity responsible for the efforts of the Department to develop, acquire, deploy, and support the operations of a national biological detection system and improve that system over time; enhance the chemical and biological detection efforts of Federal, State, local, and Tribal governments and provide guidance, tools, and training to help ensure a managed, coordinated response; and collaborate with the Department of Health and Human Services, the Office of Health Security of the Department, the Defense Advanced Research Projects Agency, and the National Aeronautics and Space Administration, and other relevant Federal stakeholders, and receive input from industry, academia, and the national laboratories on chemical and biological surveillance efforts. ; in section 1924 ( 6 U.S.C. 593 ), by striking section 11011 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( and inserting 5 U.S.C. 3104 note). section 4092 of title 10, United States Code, except that the authority shall be limited to facilitate the recruitment of experts in the chemical, biological, radiological, or nuclear specialties. ; in section 1927(a)(1)(C) ( 6 U.S.C. 596a(a)(1)(C) )— in clause (i), by striking required under section 1036 of the National Defense Authorization Act for Fiscal Year 2010 ; in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; and ; and by adding at the end the following: includes any other information regarding national technical nuclear forensics activities carried out under section 1923. ; in section 1928 ( 6 U.S.C. 596b )— in subsection (a), by striking high-risk urban areas and inserting jurisdictions designated under subsection

(c); in subsection (c)(1), by striking from among high-risk urban areas under section 2003 and inserting based on the capability and capacity of the jurisdiction, as well as the relative threat, vulnerability, and consequences from terrorist attacks and other high-consequence events utilizing nuclear or other radiological materials ; and by striking subsection

(d)and inserting the following: Not later than 2 years after the date of enactment of the Offices of Countering Weapons of Mass Destruction and Health Security Act of 2023 , the Secretary shall submit to the appropriate congressional committees an update on the STC program. ; and by adding at the end the following: Not later than 180 days after the date of enactment of Offices of Countering Weapons of Mass Destruction and Health Security Act of 2023 , and every 4 years thereafter, the Secretary shall create a Departmentwide strategy and implementation plan to counter weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats, which should— have clearly identified authorities, specified roles, objectives, benchmarks, accountability, and timelines; incorporate the perspectives of non-Federal and private sector partners; and articulate how the Department will contribute to relevant national-level strategies and work with other Federal agencies. The Secretary shall appropriately consider weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats when creating the strategy and implementation plan required under paragraph (1). The Office shall submit to the appropriate congressional committees a report on the updated Departmentwide strategy and implementation plan required under paragraph (1). Not later than 180 days after the date of enactment of the Offices of Countering Weapons of Mass Destruction and Health Security Act of 2023 , the Secretary, in consultation with appropriate stakeholders representing Federal, State, local, Tribal, academic, private sector, and nongovernmental entities, shall conduct a Departmentwide review of biodefense activities and strategies. The review required under paragraph

(1)shall— identify with specificity the biodefense lines of effort of the Department, including relating to biodefense roles, responsibilities, and capabilities of components and offices of the Department; assess how such components and offices coordinate internally and with public and private partners in the biodefense enterprise; identify any policy, resource, capability, or other gaps in the Department’s ability to assess, prevent, protect against, and respond to biological threats; and identify any organizational changes or reforms necessary for the Department to effectively execute its biodefense mission and role, including with respect to public and private partners in the biodefense enterprise. Not later than 1 year after completion of the review required under paragraph (1), the Secretary shall issue a biodefense strategy for the Department that— is informed by such review and is aligned with section 1086 of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 104 ; relating to the development of a national biodefense strategy and associated implementation plan, including a review and assessment of biodefense policies, practices, programs, and initiatives) or any successor strategy; and shall— describe the biodefense mission and role of the Department, as well as how such mission and role relates to the biodefense lines of effort of the Department; clarify, as necessary, biodefense roles, responsibilities, and capabilities of the components and offices of the Department involved in the biodefense lines of effort of the Department; establish how biodefense lines of effort of the Department are to be coordinated within the Department; establish how the Department engages with public and private partners in the biodefense enterprise, including other Federal agencies, national laboratories and sites, and State, local, and Tribal entities, with specificity regarding the frequency and nature of such engagement by Department components and offices with State, local, and Tribal entities; and include information relating to— milestones and performance metrics that are specific to the biodefense mission and role of the Department described in clause (i); and implementation of any operational changes necessary to carry out clauses

(iii)and (iv). Beginning not later than 5 years after the issuance of the biodefense strategy and implementation plans required under paragraph (3), and not less often than once every 5 years thereafter, the Secretary shall review and update, as necessary, such strategy and plans. Not later than 30 days after the issuance of the biodefense strategy and implementation plans required under paragraph (3), the Secretary shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding such strategy and plans. Not later than 180 days after the date of enactment of the Offices of Countering Weapons of Mass Destruction and Health Security Act of 2023 , the Office shall submit to and brief the appropriate congressional committees on a strategy and plan to continuously improve morale within the Office. Not later than 1 year after the date of enactment of the Offices of Countering Weapons of Mass Destruction and Health Security Act of 2023 , the Comptroller General of the United States shall conduct a review of and brief the appropriate congressional committees on— the efforts of the Office to prioritize the programs and activities that carry out the mission of the Office, including research and development; the consistency and effectiveness of stakeholder coordination across the mission of the Department, including operational and support components of the Department and State and local entities; and the efforts of the Office to manage and coordinate the lifecycle of research and development within the Office and with other components of the Department, including the Science and Technology Directorate. The Secretary shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a consensus study and report to the Secretary and the appropriate congressional committees on— the role of the Department in preparing, detecting, and responding to biological and health security threats to the homeland; recommendations to improve departmental biosurveillance efforts against biological threats, including any relevant biological detection methods and technologies; and the feasibility of different technological advances for biodetection compared to the cost, risk reduction, and timeliness of those advances. Not later than 1 year after the date on which the Secretary receives the report required under paragraph (1), the Secretary shall brief the appropriate congressional committees on— the implementation of the recommendations included in the report; and the status of biological detection at the Department, and, if applicable, timelines for the transition to updated technology. Not later than 180 days after the date of enactment of the Offices of Countering Weapons of Mass Destruction and Health Security Act of 2023 , the Secretary shall establish an advisory body to advise on the ongoing coordination of the efforts of the Department to counter weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats, to be known as the Advisory Council for Countering Weapons of Mass Destruction (in this subsection referred to as the Advisory Council ). The members of the Advisory Council shall— be appointed by the Assistant Secretary; and to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of officials, from State, local, and Tribal governments, academia, the private sector, national laboratories, and nongovernmental organizations, including, as appropriate— members selected from the emergency management field and emergency response providers; State, local, and Tribal government officials; experts in the public and private sectors with expertise in chemical, biological, radiological, and nuclear materials, devices, or agents; representatives from the national laboratories; and such other individuals as the Assistant Secretary determines to be appropriate. The Advisory Council shall— advise the Assistant Secretary on all aspects of countering weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats; incorporate State, local, and Tribal government, national laboratories, and private sector input in the development of the strategy and implementation plan of the Department for countering weapons of mass destruction and chemical, biological, radiological, nuclear, and other related emerging threats; and provide advice on performance criteria for a national biological detection system and review the testing protocol for biological detection prototypes. To ensure input from and coordination with State, local, and Tribal governments, the Assistant Secretary shall regularly consult and work with the Advisory Council on the administration of Federal assistance provided by the Department, including with respect to the development of requirements of Office programs, as appropriate. The members of the Advisory Council shall serve on the Advisory Council on a voluntary basis. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. . Section 2 of the Countering Weapons of Mass Destruction Act of 2018 ( Public Law 115–387 ; 132 Stat. 5162) is amended— in subsection (b)(2) ( 6 U.S.C. 591 note), by striking 1927 and inserting 1926 ; and in subsection

(g)( 6 U.S.C. 591 note)— in the matter preceding paragraph (1), by striking one year after the date of the enactment of this Act, and annually thereafter, and inserting June 30 of each year, ; and in paragraph (2), by striking Security, including research and development activities and inserting Security . The Security and Accountability for Every Port Act of 2006 ( 6 U.S.C. 901 et seq. ) is amended— in section 1(b) ( Public Law 109–347 ; 120 Stat 1884), by striking the item relating to section 502; and by striking section 502 ( 6 U.S.C. 592a ).

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