[Congressional Record Volume 160, Number 144 (Monday, December 1, 2014)]
[House]
[Pages H8192-H8194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1700
          STRENGTHENING DOMESTIC NUCLEAR SECURITY ACT OF 2014

  Mr. MEEHAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5629) to amend the Homeland Security Act of 2002 to 
strengthen the Domestic Nuclear Detection Office, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5629

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthening Domestic 
     Nuclear Security Act of 2014''.

     SEC. 2. DOMESTIC NUCLEAR DETECTION OFFICE.

       (a) In General.--Title XIX of the Homeland Security Act of 
     2002 (6 U.S.C. 591 et seq.) is amended by adding at the end 
     the following new sections:

     ``SEC. 1908. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR 
                   DETECTION ARCHITECTURE.

       ``In carrying out the mission of the Office under 
     subparagraph (A) of section 1902(a)(4), the Director for 
     Domestic Nuclear Detection shall provide support for 
     planning, organization, equipment, training, exercises, and 
     operational assessments to Federal, State, local, 
     territorial, and tribal entities to assist in implementing 
     radiological and nuclear detection capabilities in the event 
     of a radiological or nuclear act of terror or other attack. 
     Such capabilities shall be integrated into the enhanced 
     global nuclear detection architecture referred to in such 
     section 1902(a)(4), and shall inform and be guided by 
     architecture studies, technology needs, and research 
     activities of the Office.

     ``SEC. 1909. SECURING THE CITIES PROGRAM.

       ``(a) Establishment.--The Director for Domestic Nuclear 
     Detection shall establish the `Securing the Cities' (`STC') 
     program to enhance, through Federal, State, local, tribal, 
     and private entities, the ability of the United States to 
     detect and prevent a radiological or nuclear act of terror or 
     other attack in high-risk urban areas.
       ``(b) Designation of Jurisdictions.--In designating 
     jurisdiction under subsection (a), the Director for Domestic 
     Nuclear Detection shall consider jurisdictions designated by 
     the Secretary as high-risk urban areas under section 2003, 
     and other cities and regions as appropriate, for the 
     selection of new STC locations.
       ``(c) Congressional Notification.--The Director for 
     Domestic Nuclear Detection 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 30 days after any 
     additions or changes to the jurisdictions participating in 
     the STC program under this section.
       ``(d) GAO Report.--Not later than one year after the date 
     of the enactment of this section, the Comptroller General of 
     the United States shall submit to the congressional 
     committees specified in subsection (c) an assessment, 
     including an evaluation of the effectiveness, of the STC 
     program.

     ``SEC. 1910. PROCUREMENT REFORM.

       ``In the event of an acquisition of a new system for a 
     component of the Department of Homeland Security or any other 
     Department-related or -associated end-user, the head of such 
     component shall complete and sign a Mission Need Statement 
     and Operational Requirements Document, in accordance with 
     relevant Department Acquisition Management Directives.

     ``SEC. 1911. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     title $291,000,000 for each of fiscal years 2015 and 2016.''.
       (b) Clerical Amendments.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     striking the item relating to section 1907 and inserting the 
     following new items:

``Sec. 1907. Joint biennial interagency review of global nuclear 
              detection architecture.
``Sec. 1908. Domestic implementation of the global nuclear detection 
              architecture.
``Sec. 1909. Securing the Cities program.
``Sec. 1910. Procurement reform.
``Sec. 1911. Authorization of appropriations.''.
       (c) Effective Date.--This Act shall take effect on the date 
     that is 30 days after the date of the enactment of this Act.

     SEC. 3. REPORTING REQUIREMENTS.

       The Homeland Security Act of 2002 is amended--
       (1) in section 1906 (6 U.S.C. 596), in the matter preceding 
     paragraph (1), by striking ``paragraphs (6) and (7) of''; and
       (2) in section 1907 (6 U.S.C. 596a)--
       (A) in the section heading, by striking ``annual'' and 
     inserting ``biennial'';
       (B) in subsection (a)--
       (i) in the heading, by striking ``Annual'' and inserting 
     ``Biennial'';
       (ii) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``each year'' and inserting ``every two years''; and
       (II) in subparagraph (C)--

       (aa) in clauses (i) and (iii), by striking ``previous 
     year'' and inserting ``previous two years'' each place it 
     appears; and
       (bb) in clause (ii), by striking ``Annual'' and inserting 
     ``Biennial''; and
       (iii) in paragraph (2), by striking ``each year'' and 
     inserting ``every two years''; and
       (C) in subsection (b)--
       (i) in the heading, by striking ``Annual'' and inserting 
     ``Biennial'';
       (ii) in paragraph (1), in the matter preceding subparagraph 
     (A), by inserting ``odd-numbered'' before ``year''; and
       (iii) in paragraph (2), by striking ``annual'' and 
     inserting ``biennial''; and

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Meehan) and the gentlewoman from New York (Ms. 
Clarke) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. MEEHAN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
to include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. MEEHAN. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 5629, the Strengthening Domestic 
Nuclear Security Act of 2014.
  We know extremist groups such as al Qaeda and ISIS have shown 
interest in acquiring nuclear and radiological materials, and in July 
of this year, Islamist insurgents seized nuclear materials which were 
used for scientific research at Mosul University in Iraq. Fortunately, 
the material that was seized was not enriched to the point it could be 
used in weapons form, but it proves that our enemies are actively 
seeking materials that could be turned into a dirty bomb.
  The Domestic Nuclear Detection Office is the lead agency within the 
United States Government for coordinating efforts to detect and 
intercept radiological and nuclear devices that threaten to come into 
the United States. DNDO coordinates these efforts through an 
interagency system and a collaborative framework known as the global 
nuclear detection architecture, which DNDO is responsible for 
implementing domestically.
  DNDO works with other Department of Homeland Security components, 
including Customs and Border Protection, as well as State and local law 
enforcement to provide these entities with the equipment and training 
which is needed to interdict radiological or nuclear material before it 
can enter into the United States.
  DNDO has had its share of struggles in the past, but over the past 
several years it has made significant improvements from top to bottom 
and today is one of the best functioning components in the Department 
of Homeland Security. We have done the oversight. According to an 
internal review that was done by the Department, this actual division 
has the highest morale of any department in Homeland Security. They are 
to be commended for their good work.
  This legislation looks to build on the momentum that has been created 
by making modest improvements to better help DNDO carry out its 
mission. Specifically, H.R. 5629 strengthens DNDO's engagement with 
other DHS components and stakeholders and codifies acquisition 
procedures and guidelines to prevent the breakdowns that have occurred 
in the past.
  Through my subcommittee's oversight, the gentlewoman from New York 
and I have had the ability to determine that performing the joint 
interagency review of the global nuclear detection architecture 
annually was not necessary, so H.R. 5629 also changes the review to 
require it every 2 years instead. DNDO has advised us that by making 
that small change, DHS could save up to $800,000. I think it is 
important to be fiscal stewards of the dollars that are under our 
oversight. This accomplishes that.
  This legislation also codifies and strengthens the Securing the 
Cities

[[Page H8193]]

program, a program to enhance the ability to detect and prevent 
radiological or nuclear attacks in high-risk U.S. cities. This program 
has been very successful in building up the resources of New York City 
and is being expanded to the national capital region and Los Angeles 
and Long Beach.
  I urge my colleagues to support this important legislation to build 
on the capacity of the Department of Homeland Security to protect the 
homeland against such an attack.
  Mr. Speaker, with that, I reserve the balance of my time.
  Ms. CLARKE of New York. Mr. Speaker, I yield myself such time as I 
may consume.
  I rise in support of H.R. 5629, the Strengthening Domestic Nuclear 
Security Act of 2014.
  The bill under consideration today would essentially codify important 
existing authorities and programs within the Department of Homeland 
Security's Domestic Nuclear Detection Office, or DNDO as it is known.
  Congress has long emphasized the need to detect and interdict 
smuggled nuclear radiological material before it enters the United 
States, funding investments in nuclear detection domestically and 
abroad.
  Since 2001, the Department of Homeland Security has adopted a 
strategy of securing the border and ports through the use of radiation 
portal monitors and nonintrusive imaging equipment. Under the 
leadership of Dr. Huban Gowadia, DNDO leads the Department's efforts at 
developing, testing, and evaluating next-generation detection 
equipment.
  For the record, this measure is being considered today outside 
regular order, without any formal legislative action taken on it in 
committee. Given that we are in the waning days of the 113th Congress, 
I support bypassing regular order so that the House is afforded the 
opportunity to consider this legislation. The timing is important, as 
the Secretary is expected to transmit to Congress analysis about how 
efforts at addressing chemical, biological, radiological, and nuclear 
threats could be streamlined as part of the ``unity of effort'' 
campaign.
  I would note that in advance of the introduction of H.R. 5629, the 
subcommittee on which I serve as ranking member did conduct an 
oversight hearing in July where we received wide-ranging testimony 
about DNDO's programs and activities from the Department and the 
Government Accountability Office. Testimony from GAO underscored DNDO's 
historical challenges with the Advanced Spectroscopic Portal, or ASP, 
program.
  Back in 2006, one of the urgent, initial activities of DNDO when it 
was stood up was the development and placement of technology to detect 
illicit nuclear materials and devices that could be shipped in cargo 
entering the United States. The plan was for advanced spectroscopic 
portals to be installed at all U.S. ports and selected border crossings 
to screen cargo shipments for nuclear materials. That acquisition 
turned out to be a debacle, with DNDO moving forward on acquisition 
decisions well before the technology had been demonstrated to live up 
to its promise. Those missteps cost taxpayers billions of dollars. 
Subsequently, the ASP program was canceled.
  The current DNDO leadership and, for that matter, DHS leadership seem 
to have taken these tough lessons to heart and put in place some 
significant new processes and controls in the acquisitions process to 
help avoid another such debacle.
  One of the important features of this bill is the authorization of 
the Securing the Cities program. This program represents a real success 
for DNDO. Under the Securing the Cities program, DNDO works with local 
State, city, and tribal leaders to bolster technical nuclear detection 
capabilities, nuclear forensic efforts, and coordination of 
nonconventional threats. As a New Yorker, I have special interest in 
this program, which has done so much to help keep my city secure from 
nonconventional terrorist threats.

  Mr. Speaker, I want to thank the chairman for his bipartisan approach 
in developing this language and look forward to working with him in the 
future on this important program.
  I would like to take a moment to acknowledge my partner on this 
subcommittee, the gentleman from Pennsylvania (Mr. Meehan). You have 
been a great collaborator and friend to me on this committee. Together, 
we have amassed a record of bipartisanship to be proud of, particularly 
in the area of cybersecurity. I wish you well in all of your future 
endeavors, and I thank you once again.
  With that, Mr. Speaker, I urge support for H.R. 5629, the 
Strengthening Domestic Nuclear Security Act of 2014, and I yield back 
the balance of my time.
  Mr. MEEHAN. Mr. Speaker, after my remarks, I will insert into the 
Record an exchange of letters between the Committee on Homeland 
Security and the Committee on Science, Space, and Technology.
  Mr. Speaker, I yield myself such time as I may consume.
  I want to also take a moment to thank the ranking member for her 
engagement and collaboration on the many issues that we had the 
opportunity to work on together, to share this collaboration and 
engagement of important matters before our Committee on Homeland 
Security, particularly work that we were able to do, as you have 
identified, on cybersecurity and, I think, also on chemical facilities 
and the protection which is so important to our homeland in that area 
as well. I have genuinely enjoyed the collaboration and look forward to 
hoping that we not only pass the bills that we have before this 
Congress, but that we can continue to work together into the future.
  I urge all Members to join me in supporting this bipartisan bill, and 
I yield back the balance of my time.

         House of Representatives, Committee on Science, Space, 
           and Technology,
                                 Washington, DC, December 1, 2014.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security, Washington, DC.
       Dear Chairman McCaul: I am writing to you concerning the 
     jurisdictional interest of the Committee on Science, Space, 
     and Technology in H.R. 5629, the ``Strengthening Domestic 
     Nuclear Security Act.'' The bill contains provisions that 
     fall within the jurisdiction of the Committee on Science, 
     Space, and Technology.
       I recognize and appreciate the desire to bring this 
     legislation before the House of Representatives in an 
     expeditious manner, and accordingly, I will waive further 
     consideration of this bill in Committee, notwithstanding any 
     provisions that fall within the jurisdiction of the Committee 
     on Science, Space, and Technology. This waiver, of course, is 
     conditional on our mutual understanding that agreeing to 
     waive consideration of this bill should not be construed as 
     waiving, reducing, or affecting the jurisdiction of the 
     Committee on Science, Space, and Technology.
       This waiver is also given with the understanding that the 
     Committee on Science, Space, and Technology expressly 
     reserves its authority to seek conferees on any provision 
     within its jurisdiction during any House-Senate conference 
     that may be convened on this, or any similar legislation. I 
     ask for your commitment to support any request by the 
     Committee for conferees on H.R. 5629 as well as any similar 
     or related legislation.
       I ask that a copy of this letter and your response be 
     placed in the Congressional Record during consideration of 
     this bill on the House floor.
           Sincerely,
                                                      Lamar Smith,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                 Washington, DC, December 1, 2014.
     Hon. Lamar Smith,
     Chairman, Committee on Science, Space, and Technology, 
         Washington, DC.
       Dear Chairman Smith: Thank you for your letter regarding 
     H.R. 5629, the ``Strengthening Domestic Nuclear Security 
     Act.'' I acknowledge that by forgoing a sequential referral 
     on this legislation, your Committee is not diminishing or 
     altering its jurisdiction.
       I also concur with you that forgoing action on this bill 
     does not in any way prejudice the Committee on Science, 
     Space, and Technology with respect to its jurisdictional 
     prerogatives on this bill or similar legislation in the 
     future, and I would support your effort to seek appointment 
     of an appropriate number of conferees to any House-Senate 
     conference involving this legislation.
       Finally, I will include your letter and this response in 
     the Congressional Record during consideration of this bill on 
     the House floor. I appreciate your cooperation regarding this 
     legislation, and I look forward to working with the Committee 
     on Science, Space, and Technology and the bill moves through 
     the legislative process.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  The SPEAKER pro tempore (Mr. Lankford). The question is on the motion 
offered by the gentleman from

[[Page H8194]]

Pennsylvania (Mr. Meehan) that the House suspend the rules and pass the 
bill, H.R. 5629, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MEEHAN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________