[Congressional Record Volume 161, Number 179 (Thursday, December 10, 2015)]
[House]
[Pages H9242-H9248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY CBRNE DEFENSE ACT OF 2015
Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3875) to amend the Homeland Security Act of 2002 to
establish within the Department of Homeland Security a Chemical,
Biological, Radiological, Nuclear, and Explosives 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. 3875
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department
of Homeland Security CBRNE Defense Act of 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; Table of contents.
Sec. 2. CBRNE Office.
Sec. 3. Chemical Division.
Sec. 4. Biological Division.
Sec. 5. Nuclear Division.
Sec. 6. Explosives Division.
Sec. 7. Savings provisions.
Sec. 8. Clerical amendments.
SEC. 2. CBRNE OFFICE.
(a) In General.--The Homeland Security Act of 2002 is
amended by adding at the end the following new title:
``TITLE XXII--CBRNE OFFICE
``Subtitle A--Chemical, Biological, Radiological, Nuclear, and
Explosives Office
``SEC. 2201. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND
EXPLOSIVES OFFICE.
``(a) Establishment.--There is established in the
Department a Chemical, Biological, Radiological, Nuclear, and
Explosives Office (referred to in this title as the `CBRNE
Office'). The CBRNE Office shall be comprised of the Chemical
Division, the Biological Division, the Nuclear Division, and
the Explosives Division. The CBRNE Office may include a
Health Division.
``(b) Mission of Office.--The mission of the CBRNE Office
is to coordinate, strengthen, and provide chemical,
biological, radiological, nuclear, and explosives (CBRNE)
capabilities in support of homeland security.
``(c) Assistant Secretary.--The Office shall be headed by
an Assistant Secretary for the Chemical, Biological,
Radiological, Nuclear, and Explosives Office (referred to in
this title as the `Assistant Secretary'), who shall be
appointed by the President by and with the advice and consent
of the Senate.
``(d) Responsibilities.--The Assistant Secretary shall--
``(1) develop, coordinate, and maintain overall CBRNE
strategy and policy for the Department;
``(2) develop, coordinate, and maintain for the Department
periodic CBRNE risk assessments;
``(3) serve as the primary Department representative for
coordinating CBRNE activities with other Federal departments
and agencies;
``(4) provide oversight for the Department's preparedness
for CBRNE threats;
``(5) provide support for operations during CBRNE threats
or incidents; and
``(6) carry out such other responsibilities as the
Secretary determines appropriate, consistent with this title.
``(e) Other Officers.--The Director of the Chemical
Division, the Director of the Biological Division, the
Director of the Nuclear Division, and the Director of the
Explosives Division shall report directly to the Assistant
Secretary.
``SEC. 2202. COMPOSITION OF THE CBRNE OFFICE.
``The Secretary shall transfer to the CBRNE Office, the
functions, personnel, budget authority, and assets of the
following:
``(1) The Office of Health Affairs as in existence on the
day before the date of the enactment of this title, including
the Chief Medical Officer authorized under section 516, and
the National Biosurveillance Integration Center authorized
under section 316.
``(2) The Domestic Nuclear Detection Office authorized
under title XIX, as in existence on the date before the date
of the enactment of this title (and redesignated as the
Nuclear Division).
``(3) CBRNE threat awareness and risk assessment activities
of the Science and Technology Directorate.
``(4) The CBRNE functions of the Office of Policy and the
Office of Operations Coordination.
``(5) The Office for Bombing Prevention of the National
Protection and Programs Directorate, as in existence on the
day before the date of the enactment of this title.
``SEC. 2203. HIRING AUTHORITY.
``In hiring personnel for the CBRNE 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;
Public Law 105-261), except that the term of appointments for
employees under subsection (c)(1) of such section may not
exceed five years before granting any extension under
subsection (c)(2) of such section.
``SEC. 2204. GRANTS, COOPERATIVE AGREEMENTS, AND OTHER
TRANSACTIONS AND CONTRACTS.
``The Assistant Secretary, in carrying out the
responsibilities under this title, may distribute funds
through grants, cooperative agreements, and other
transactions and contracts.
``SEC. 2205. TERRORISM RISK ASSESSMENTS.
``(a) Terrorism Risk Assessments.--
``(1) In general.--The Assistant Secretary shall, in
coordination with relevant Department components and other
appropriate Federal departments and agencies, develop,
coordinate, and update periodically terrorism risk
assessments of chemical, biological, radiological, and
nuclear threats.
[[Page H9243]]
``(2) Comparison.--The Assistant Secretary shall develop,
coordinate, and update periodically an integrated terrorism
risk assessment that assesses all of the threats referred to
in paragraph (1) and, as appropriate, explosives threats, and
compares each such threat against one another according to
their relative risk.
``(3) Inclusion in assessment.--Each terrorism risk
assessment under this subsection shall include a description
of the methodology used for each such assessment.
``(4) Updates.--Each terrorism risk assessment under this
subsection shall be updated not less often than once every
two years.
``(5) Provision to congress.--The Assistant Secretary shall
provide a copy of each risk assessment under this subsection
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days
after completion of each such assessment.
``(b) Methodology.--In developing the terrorism risk
assessments under subsection (a), the Assistant Secretary, in
consultation with appropriate Federal departments and
agencies, shall--
``(1) assess the proposed methodology to be used for such
assessments; and
``(2) consider the evolving threat to the United States as
indicated by the intelligence community (as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4))).
``(c) Usage.--The terrorism risk assessments required under
subsection (a) shall be used to inform and guide allocation
of resources for chemical, biological, radiological, and
nuclear threat activities of the Department.
``(d) Input and Sharing.--The Assistant Secretary shall,
for each terrorism risk assessment under subsection (a)--
``(1) seek input from national stakeholders and other
Federal, State, local, tribal, and territorial officials
involved in efforts to counter chemical, biological,
radiological, and nuclear threats;
``(2) ensure that written procedures are in place to guide
the development of such assessments, including for input,
review, and implementation purposes, among relevant Federal
partners;
``(3) share such assessments with Federal, State, local,
tribal, and territorial officials with appropriate security
clearances and a need for the information in the classified
versions of such assessments; and
``(4) to the maximum extent practicable, make available an
unclassified version of such assessments for Federal, State,
local, tribal, and territorial officials involved in
prevention and preparedness for chemical, biological,
radiological, and nuclear events.
``SEC. 2206. CBRNE COMMUNICATIONS AND PUBLIC MESSAGING.
``(a) In General.--The Secretary, in coordination with the
Assistant Secretary, shall develop an overarching risk
communication strategy for terrorist attacks and other high
consequence events utilizing chemical, biological,
radiological, or nuclear agents or explosives that pose a
high risk to homeland security, and shall--
``(1) develop threat-specific risk communication plans, in
coordination with appropriate Federal departments and
agencies;
``(2) develop risk communication messages, including pre-
scripted messaging to the extent practicable;
``(3) develop clearly defined interagency processes and
protocols to assure coordinated risk and incident
communications and information sharing during incident
response;
``(4) engage private and nongovernmental entities in
communications planning, as appropriate;
``(5) identify ways to educate and engage the public about
CBRNE threats and consequences;
``(6) develop strategies for communicating using social and
new media; and
``(7) provide guidance on risk and incident communications
for CBRNE events to State, local, tribal, and territorial
governments, and other stakeholders, as appropriate.
``(b) Communication During Response.--The Secretary shall
provide appropriate timely, accurate information to the
public, governmental partners, the private sector, and other
appropriate stakeholders in the event of a suspected or
confirmed terrorist attack or other high consequence event
utilizing chemical, biological, radiological, or nuclear
agents or explosives that pose a high risk to homeland
security.
``(c) Reports.--
``(1) Development efforts.--Not later than 120 days after
the date of the enactment of this title, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on current and
future efforts of the Department to develop the communication
strategy required under subsection (a).
``(2) Finalization.--Not later than two years after the
date the report required under paragraph (1) is submitted,
the Secretary shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate the
communication strategy required under subsection (a).
``SEC. 2207. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND
EXPLOSIVES INTELLIGENCE AND INFORMATION
SHARING.
``(a) In General.--The Under Secretary of Intelligence and
Analysis of the Department shall--
``(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their plans
to conduct attacks involving chemical, biological,
radiological, or nuclear materials or explosives against the
United States;
``(2) support homeland security-focused intelligence
analysis of global infectious diseases, public health, food,
agricultural, and veterinary issues;
``(3) support homeland security-focused risk analysis and
risk assessments of the homeland security hazards described
in paragraphs (1) and (2) by providing relevant quantitative
and nonquantitative threat information;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance
prevention, protection, response, and recovery efforts with
respect to a chemical, biological, radiological, nuclear, or
explosives attack;
``(5) share appropriate information regarding such threats
to appropriate State, local, tribal, and territorial
authorities, as well as other national biosecurity and
biodefense stakeholders; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Under Secretary
of Intelligence and Analysis shall coordinate with the heads
of other relevant Department components, including the
Assistant Secretary, members of the intelligence community,
including the National Counter Proliferation Center and the
National Counterterrorism Center, and other Federal, State,
local, tribal, and territorial authorities, including
officials from high-threat areas, to enable such entities to
provide recommendations on optimal information sharing
mechanisms, including expeditious sharing of classified
information, and on how such entities can provide information
to the Department.
``(c) Report.--
``(1) In general.--Not later than one year after the date
of the enactment of this section and annually thereafter for
five years, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on--
``(A) the intelligence and information sharing activities
under subsections (a) and (b) and of all relevant entities
within the Department to prevent, protect against, prepare
for, respond to, mitigate, and recover from terrorist attacks
and other high consequence events utilizing chemical,
biological, radiological, or nuclear agents or explosives
that pose a high risk to homeland security; and
``(B) the Department's activities in accordance with
relevant intelligence strategies.
``(2) Assessment of implementation.--Each report required
under paragraph (1) shall also include--
``(A) a description of methods established to assess
progress of the Office of Intelligence and Analysis in
implementing this section; and
``(B) such assessment of such progress.
``(d) Definitions.--In this section:
``(1) 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)).
``(2) National biosecurity and biodefense stakeholders.--
The term `national biosecurity and biodefense stakeholders'
means officials from Federal, State, local, tribal, and
territorial authorities and individuals from the private
sector who are involved in efforts to prevent, protect
against, prepare for, respond to, mitigate, and recover from
a biological attack or other phenomena that may have serious
health consequences for the United States, including
infectious disease outbreaks.''.
(b) After Action and Efficiencies Review.--Not later than
one year after the date of the enactment of this Act, the
Secretary of Homeland Security, acting through the Assistant
Secretary for the Chemical, Biological, Radiological,
Nuclear, and Explosives Office of the Department of Homeland
Security (established pursuant to section 2201 of the
Homeland Security Act of 2002, as added by subsection (a) of
this section), shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that--
(1) reviews the functions and responsibilities of the
Chemical, Biological, Radiological, Nuclear, and Explosives
Office of the Department (established pursuant to section
2201 of the Homeland Security Act of 2002, as added by
subsection (a) of this section) to identify and eliminate
areas of unnecessary duplication;
(2) provides a detailed accounting of the management and
administrative expenditures and activities of the Office,
including expenditures related to the establishment of the
CBRNE Office, such as expenditures associated with the
utilization of the Secretary's authority to award retention
bonuses pursuant to Federal law;
(3) identifies any potential cost savings and efficiencies
within the CBRNE Office or its divisions; and
[[Page H9244]]
(4) identifies opportunities to enhance the effectiveness
of the management and administration of the CBRNE Office to
improve operational impact and enhance efficiencies.
(c) Chemical, Biological, Radiological, Nuclear and
Explosives Research and Development.--
(1) In general.--The Secretary of Homeland Security shall
assess the organizational structure of the management and
execution of the Department of Homeland Security's chemical,
biological, radiological, nuclear, and explosives research
and development activities, and shall develop and submit to
the Committee on Homeland Security, the Committee on Science,
Space, and Technology, 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 at the time the President
submits the budget under section 1105 of title 31, United
States Code, for the fiscal year that follows the issuance of
the Comptroller General review required pursuant to
subsection (d) a proposed organizational structure for the
management and execution of such chemical, biological,
radiological, nuclear, and explosives research and
development activities.
(2) Organizational justification.--The Secretary of
Homeland Security shall include in the assessment required
under paragraph (1) a thorough justification and
rationalization for the proposed organizational structure for
management and execution of chemical, biological,
radiological, nuclear, and explosives research and
development activities, including the following:
(A) A discussion of the methodology for determining such
proposed organizational structure.
(B) A comprehensive inventory of chemical, biological,
radiological, nuclear, and explosives research and
development activities of the Department of Homeland Security
and where each such activity will be located within or
outside such proposed organizational structure.
(C) Information relating to how such proposed
organizational structure will facilitate and promote
coordination and requirements generation with customers.
(D) Information relating to how such proposed
organizational structure will support the development of
chemical, biological, radiological, nuclear, and explosives
research and development priorities across the Department.
(E) If the chemical, biological, radiological, nuclear, and
explosives research and development activities of the
Department are not co-located in such proposed organizational
structure, a justification for such separation.
(F) The strategy for coordination between the Under
Secretary for Science and Technology and the Assistant
Secretary for the Chemical, Biological, Radiological,
Nuclear, and Explosives Office on chemical, biological,
radiological, nuclear, and explosives research and
development activities.
(G) Recommendations for necessary statutory changes.
(3) Limitation on action.--The Secretary of Homeland
Security may not take any action to reorganize the structure
referred to in paragraph (1) unless the Secretary receives
prior authorization from the Committee on Homeland Security
and the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate permitting
any such action.
(d) Government Accountability Office Review of Chemical,
Biological, Radiological, Nuclear, and Explosives Research
and Development Activities.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the organizational structure
of the Department of Homeland Security's management and
execution of chemical, biological, radiological, nuclear, and
explosives research and development activities.
(2) Scope.--The review required under paragraph (1) shall
include the following:
(A) An assessment of the organizational structure for the
management and execution of chemical, biological,
radiological, nuclear, and explosives research and
development activities of the Department of Homeland
Security, including identification of any overlap or
duplication of effort.
(B) Recommendations to streamline and improve the
organizational structure of the Department's management and
execution of chemical, biological, radiological, nuclear, and
explosives research and development activities.
(3) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on Homeland Security and the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the review
required under this subsection.
(e) Dissemination of Information Analyzed by the Department
of Homeland Security to State, Local, Tribal, and Private
Entities With Responsibilities Relating to Homeland
Security.--Paragraph (8) of section 201(d) of the Homeland
Security Act of 2002 (6 U.S.C. 121(d)) is amended by striking
``and to agencies of State'' and all that follows through the
period at the end and inserting ``to State, local, tribal,
territorial, and appropriate private entities with such
responsibilities, and, as appropriate, to the public, in
order to assist in preventing, protecting against, preparing
for, responding to, mitigating, and recovering from terrorist
attacks against the United States.''.
(f) Technical and Conforming Amendments.--The Homeland
Security Act of 2002 is amended--
(1) in paragraph (2) of section 103(a) (6 U.S.C. 113(a)),
by striking ``Assistant Secretary for Health Affairs, the
Assistant Secretary for Legislative Affairs, or the Assistant
Secretary for Public Affairs,'' and inserting ``Assistant
Secretary for Legislative Affairs or the Assistant Secretary
for Public Affairs,'';
(2) in section 302 (6 U.S.C. 182)--
(A) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (15), respectively; and
(B) by inserting after paragraph (12) the following new
paragraph:
``(13) collaborating with the Assistant Secretary for the
Chemical, Biological, Radiological, Nuclear, and Explosives
Office on all chemical, biological, and explosives research
and development activities;'';
(3) in subsection (b) of section 307 (6 U.S.C. 187), by
adding at the end the following new paragraph:
``(8) CBRNE defense.--The Director shall coordinate with
the Assistant Secretary for the Chemical, Biological,
Radiological, Nuclear, and Explosives Office on all chemical,
biological, and explosives research and development
activities.''; and
(4) in subsection (c) of section 516 (6 U.S.C. 321e)--
(A) in the matter preceding paragraph (1), by inserting ``,
including the health impacts of chemical, biological,
radiological, and nuclear agents and explosives'' after
``natural disasters'';
(B) by amending paragraph (2) to read as follows:
``(2) coordinating the Department's policy, strategy, and
preparedness for pandemics and emerging infectious
diseases;''; and
(C) in paragraph (6), by striking ``Under Secretary for
Science and Technology'' and inserting ``Assistant Secretary
for the Chemical, Biological, Radiological, Nuclear, and
Explosives Office''.
SEC. 3. CHEMICAL DIVISION.
(a) In General.--Title XXII of the Homeland Security Act of
2002, as added by section 2 of this Act, is amended by adding
at the end the following new subtitle:
``Subtitle B--Chemical Division
``SEC. 2211. CHEMICAL DIVISION.
``(a) Establishment.--There is established in the CBRNE
Office a Chemical Division, headed by a Director of the
Chemical Division (in this subtitle referred to as the
`Director').
``(b) Mission and Responsibilities.--The Director shall be
responsible for coordinating departmental strategy and policy
relating to terrorist attacks and other high-consequence
events utilizing chemical agents that pose a high risk to
homeland security, including the following:
``(1) Developing and maintaining the Department's strategy
against chemical threats.
``(2) Serving as the Department representative for chemical
threats and related activities with other Federal departments
and agencies.
``(3) Providing oversight of the Department's preparedness,
including operational requirements, for chemical threats.
``(4) Enhancing the capabilities of Federal, State, local,
tribal, and territorial governments, and private entities as
appropriate, against chemical threats.
``(5) Evaluating and providing guidance to Federal, State,
local, tribal, and territorial governments, and private
entities as appropriate, on detection and communication
technology that could be effective in terrorist attacks and
other high-consequence events utilizing chemical agents.
``(6) Supporting and enhancing the effective sharing and
use of appropriate information generated by the intelligence
community (as such term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4))), law
enforcement agencies, other Federal, State, local tribal, and
territorial governments, and foreign governments, on chemical
threats.
``SEC. 2212. DEMONSTRATION PROJECTS.
``(a) In General.--The Director may, subject to the
availability of appropriations for such purpose, partner with
high-risk urban areas or facilities to conduct demonstration
projects to enhance, through Federal, State, local, tribal,
and territorial governments, and private entities,
capabilities of the United States to counter terrorist
attacks and other high-consequence events utilizing chemical
agents that pose a high risk to homeland security.
``(b) Goals.--The Director may provide guidance and
evaluations for all situations and venues at risk of
terrorist attacks and other high-consequence events utilizing
chemical agents, such as at ports, areas of mass gathering,
and transit facilities, and may--
``(1) ensure all high-risk situations and venues are
studied; and
``(2) ensure key findings and best practices are made
available to State, local, tribal, and territorial
governments and the private sector.
[[Page H9245]]
``(c) Congressional Notification.--The Director shall
notify the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days
before initiating a new demonstration project.''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an assessment
of the Department of Homeland Security's programs and
activities related to terrorist attacks and other high-
consequence events utilizing chemical agents that pose a high
risk to homeland security.
SEC. 4. BIOLOGICAL DIVISION.
Title XXII of the Homeland Security Act of 2002, as added
by section 2 of this Act and as amended by section 3 of this
Act, is further amended by adding at the end the following
new subtitle:
``Subtitle C--Biological Division
``SEC. 2221. BIOLOGICAL DIVISION.
``(a) Establishment.--There is established in the CBRNE
Office a Biological Division, headed by a Director of the
Biological Division (in this subtitle referred to as the
`Director').
``(b) Mission and Responsibilities.--The Office shall be
responsible for coordinating departmental strategy and policy
relating to terrorist attacks and other high-consequence
events utilizing biological agents that pose a high risk to
homeland security, including the following:
``(1) Developing and maintaining the Department's strategy
against biological threats.
``(2) Serving as the Department representative for
biological threats and related activities with other Federal
departments and agencies.
``(3) Providing oversight for the Department's
preparedness, including operational requirements, for
biological threats.
``(4) Enhancing the capabilities of Federal, State, local,
tribal, and territorial governments, and private entities as
appropriate, against biological threats.
``(5) Supporting and enhancing the effective sharing and
use of appropriate information generated by the intelligence
community (as such term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4))), law
enforcement agencies, other Federal, State, local, tribal,
and territorial governments, and foreign governments, on
biological threats.
``(6) Achieving a biological detection program.
``(7) Maintaining the National Biosurveillance Integration
Center, authorized under section 316.''.
SEC. 5. NUCLEAR DIVISION.
(a) In General.--Title XXII of the Homeland Security Act of
2002, as added by section 2 of this Act and as amended by
sections 3 and 4 of this Act, is further amended by adding at
the end the following new subtitle:
``Subtitle D--Nuclear Division
``SEC. 2231. NUCLEAR DIVISION.
``(a) Establishment.--The Secretary shall include within
the CBRNE Office the Nuclear Division under title XIX, headed
by the Director of the Nuclear Division (in this subtitle
referred to as the `Director') pursuant to section 1901.
``(b) Mission and Responsibilities.--In addition to the
responsibilities specified in title XIX, the Director shall
also be responsible for coordinating departmental strategy
and policy relating to terrorist attacks and other high-
consequence events utilizing nuclear or other radiological
materials, and 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 an attack using
such devices or materials against the people, territory, or
interests of the United States, in accordance with title
XIX.''.
(b) Technical and Conforming Amendments.--Title XIX of the
Homeland Security Act of 2002 is amended--
(1) in the title heading, by striking ``DOMESTIC NUCLEAR
DETECTION OFFICE'' and inserting ``NUCLEAR DIVISION'';
(2) in section 1901 (6 U.S.C. 591)--
(A) in the heading, by striking ``domestic nuclear
detection office'' and inserting ``nuclear division'';
(B) in subsection (a), by striking ``There shall be
established in the Department a Domestic Nuclear Detection
Office'' and inserting ``There is in the Department a Nuclear
Division, located in the CBRNE Office''; and
(C) in subsection (b), by striking ``Director for Domestic
Nuclear Detection, who shall be appointed by the President''
and inserting ``Director of the Nuclear Division'';
(3) in subsection (a) of section 1902 (6 U.S.C. 592)--
(A) in the matter preceding paragraph (1)--
(i) by inserting after ``responsible for'' the following:
``coordinating departmental strategy and policy relating to
terrorist attacks and other high-consequence events utilizing
nuclear or other radiological materials, and for''; and
(ii) by striking ``to protect'' and inserting
``protecting''; and
(B) in paragraph (11), in the matter preceding subparagraph
(A), by striking ``Domestic Nuclear Detection Office'' and
inserting ``Nuclear Division'';
(4) by repealing section 1903 (6 U.S.C. 593);
(5) in section 1906 (6 U.S.C. 596)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Domestic Nuclear Detection'' and
inserting ``the Nuclear Division''; and
(ii) by striking ``paragraphs (6) and (7) of''; and
(B) in paragraph (2), by striking ``paragraphs (6) and (7)
of'';
(6) in section 1907 (6 U.S.C. 596a)--
(A) by striking ``Annual'' each place it appears and
inserting ``Biennial'';
(B) by striking ``each year'' each place it appears and
inserting ``every two years'';
(C) by striking ``previous year'' each place it appears and
inserting ``previous two years'';
(D) in the heading of subsection (a), by striking
``Annual'' and inserting ``Biennial''; and
(E) subsection (b)--
(i) in the heading, by striking ``Annual'' and inserting
``Biennial'';
(ii) in paragraph (1), by inserting ``odd-numbered'' after
``each''; and
(iii) in paragraph (2), by striking ``annual'' and
inserting ``biennial''; and
(7) by adding at the end the following new section:
``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 of the
Nuclear Division shall provide support for planning,
organization, equipment, training, exercises, and operational
assessments to Federal, State, local, tribal, and territorial
governments to assist such governments in implementing
radiological and nuclear detection capabilities in the event
of terrorist attacks or other high-consequence events
utilizing nuclear or other radiological materials that pose a
high risk to homeland security. 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.''.
(c) Reference.--Any reference in any law, regulation, or
rule to the Domestic Nuclear Detection Office or the Director
for Domestic Nuclear Detection of the Department of Homeland
Security shall be deemed to be a reference to the Nuclear
Division or the Director of the Nuclear Division,
respectively, of the Department.
SEC. 6. EXPLOSIVES DIVISION.
Title XXII of the Homeland Security Act of 2002, as added
by section 2 of this Act and as amended by sections 3, 4, and
5 of this Act, is further amended by adding at the end the
following new subtitle:
``Subtitle E--Explosives Division
``SEC. 2241. EXPLOSIVES DIVISION.
``(a) Establishment.--There is established within the CBRNE
Office an Explosives Division, headed by a Director of the
Explosives Division (in this subtitle referred to as the
`Director').
``(b) Mission and Responsibilities.--The Director shall be
responsible for coordinating departmental strategy and policy
relating to terrorist attacks and other high-consequence
events utilizing explosives that pose a high risk to homeland
security, including the following:
``(1) Developing and maintaining the Department's strategy
against explosives threats.
``(2) Serving as the Department representative for
explosives threats and related activities with other Federal
departments and agencies.
``(3) Providing oversight of the Department's preparedness,
including operational requirements, for explosives threats.
``(4) Enhancing the capabilities of Federal, State, local,
tribal, and territorial governments, and private entities as
appropriate, to counter terrorist attacks and other high-
consequence events utilizing explosives.
``(5) Evaluating and providing guidance to Federal, State,
local, tribal, and territorial governments and appropriate
private entities on detection and communication technology
that could be effective during terrorist attacks or other
high-consequence events utilizing explosives.
``(6) Supporting and enhancing the effective sharing and
use of appropriate information generated by the intelligence
community (as such term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4))), law
enforcement agencies, other Federal, State, local, tribal,
and territorial government agencies, and foreign governments,
on explosives threats.''.
SEC. 7. SAVINGS PROVISIONS.
Nothing in this Act shall change the authority of the
Administrator of the Federal Emergency Management Agency to
lead the emergency management system of the United States.
Nothing in this Act shall alter the responsibility of the
Chief Medical Officer of the Department of Homeland Security
to serve as the principal advisor to the Secretary of
Homeland Security and the Administrator of the Federal
Emergency Management Agency on medical and public health
issues pursuant to paragraph (1) of section 516(c) of the
Homeland Security Act of 2002 (6 U.S.C. 321e(c)).
SEC. 8. CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland
Security Act of 2002 is amended--
[[Page H9246]]
(1) by striking the item relating to title XIX and
inserting the following new item:
``TITLE XIX--NUCLEAR DIVISION'';
(2) by striking the item relating to section 1901 and
inserting the following new item:
``Sec. 1901. Nuclear Division.'';
(3) by striking the item relating to section 1903;
(4) by adding after the item relating to section 1907 the
following new item:
``Sec. 1908. Domestic Implementation of the global nuclear detection
architecture.''; and
(5) by adding at the end the following:
``TITLE XXII--CBRNE OFFICE
``Subtitle A--Chemical, Biological, Radiological, Nuclear, and
Explosives Office
``Sec. 2201. Chemical, Biological, Radiological, Nuclear, and
Explosives Office.
``Sec. 2202. Composition of the CBRNE Office.
``Sec. 2203. Hiring authority.
``Sec. 2204. Grants, cooperative agreements, and other transactions and
contracts.
``Sec. 2205. Terrorism risk assessments.
``Sec. 2206. CBRNE communications and public messaging.
``Sec. 2207. Chemical, biological, radiological, nuclear, and
explosives intelligence and information sharing.''.
``Subtitle B--Chemical Division
``Sec. 2211. Chemical Division.
``Sec. 2212. Demonstration projects.''.
``Subtitle C--Biological Division
``Sec. 2221. Biological Division.''.
``Subtitle D--Nuclear Division
``Sec. 2231. Nuclear Division.''.
``Subtitle E--Explosives Division
``Sec. 2241. Explosives Division.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. McCaul) and the gentlewoman from Texas (Ms. Jackson Lee)
each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of this bill, the Department of
Homeland Security CBRNE Defense Act of 2015.
The threat from weapons of mass destruction is real and growing. We
have seen groups like ISIS make makeshift chemical weapons; and on the
battlefield last summer, a laptop reportedly retrieved from an ISIS
hideout in Syria contained plans for weaponizing bubonic plague and
documents discussing advantages of using biological weapons. They have
also boasted about plans to smuggle radiological material into the
United States. With recent FBI stings in places like Moldova, we know
that there are sellers ready to supply the ingredients for these tools
of terror, which brings us to the purpose of this legislation before us
today.
Mr. Speaker, the Department of Homeland Security must play a leading
role in defending our homeland from CBRNE threats. Departments and
agencies across the United States Government have centralized their
weapons of mass destruction programs to provide clear focal points for
dealing with this threat. Within the Department of Homeland Security,
however, leadership, expertise, personnel, and resources related to
chemical, biological, radiological, nuclear, and explosive threats are
disbursed across numerous organizations within DHS headquarters. By
consolidating offices within the DHS headquarters with responsibility
for CBRNE, H.R. 3875 will ensure better coordination within the
Department and interagency.
Mr. Speaker, we are living in dangerous times, and we must ensure the
Federal Government is prepared to address these threats. This bill will
ensure that the Department of Homeland Security is able to do so.
Before I close, I would like to thank Chairmen Shuster and Smith for
their cooperation in moving this legislation.
Mr. Speaker, I urge my colleagues to support this important
legislation.
Mr. Speaker, I reserve the balance of my time.
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, December 8, 2015.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security, Ford House Office
Building, Washington, DC.
Dear Chairman McCaul: I write concerning H.R. 3875, the
``Department of Homeland Security CBRNE Defense Act of
2015''. This legislation includes matters that I believe fall
within the rule X jurisdiction of the Committee on
Transportation and Infrastructure.
In order to expedite Floor consideration of H.R. 3875, the
Committee on Transportation and Infrastructure agrees to
forgo action on this bill. However, this is conditional on
our mutual understanding that forgoing consideration of the
bill would not prejudice the Committee with respect to the
appointment of conferees or to any future jurisdictional
claim over the subject matters contained in the bill or
similar legislation that fall within the Committee's rule X
jurisdiction.
I request that you please place a copy of this letter and
your response acknowledging our jurisdictional interest into
the Congressional Record.
Sincerely,
Bill Shuster,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, December 8, 2015.
Hon. Bill Shuster,
Chairman, Transportation and Infrastructure Committee,
Rayburn House Office Building, Washington, DC.
Dear Chairman Shuster, Thank you for your interest in H.R.
3875, the ``Department of Homeland Security CBRNE Defense Act
of 2015.'' I appreciate your cooperation in allowing the bill
to move expeditiously under suspension of the House Rules on
December 8, 2015. Because your assertion of jurisdictional
interest was raised after the report for H.R. 3875 was filed,
the Parliamentarians were not able to render an official
decision as to any jurisdictional claim the Transportation
and Infrastructure Committee may have had.
I agree that the absence of a decision on this bill will
not prejudice any claim the Transportation and Infrastructure
Committee may have had, or may have with respect to similar
measures in the future.
A copy of this letter will be entered into the
Congressional Record.
Sincerely,
Michael T. McCaul,
Chairman.
____
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, December 8, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 3875, the
``Department of Homeland Security CBRNE Defense Act of
2015,'' which your Committee reported on November 16, 2015.
H.R. 3875 contains provisions within the Committee on
Science, Space, and Technology's Rule X jurisdiction. As a
result of your having consulted with the Committee and in
order to expedite this bill for floor consideration, the
Committee on Science, Space, and Technology will forego
action on the bill. This is being done on the basis of our
mutual understanding that doing so will in no way diminish or
alter the jurisdiction of the Committee on Science, Space,
and Technology with respect to the appointment of conferees,
or to any future jurisdictional claim over the subject
matters contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Congressional Record
during the floor consideration of this bill. Thank you in
advance for your cooperation.
Sincerely,
Lamar Smith,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, December 8, 2015.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
Rayburn House Office Building, Washington, DC.
Dear Chairman Smith, Thank you for your interest in H.R.
3875, the ``Department of Homeland Security CBRNE Defense Act
of 2015.'' I appreciate your cooperation in allowing the bill
to move expeditiously under suspension of the House Rules on
December 8, 2015. Because your assertion of jurisdictional
interest was raised after the report for H.R. 3875 was filed,
the Parliamentarians were not able to render an official
decision as to any jurisdictional claim the Committee on
Science, Space, and Technology may have had.
I agree that the absence of a decision on this bill will
not prejudice any claim the Committee on Science, Space, and
Technology may have had, or may have with respect to similar
measures in the future.
A copy of this letter will be entered into the
Congressional Record.
Sincerely,
Michael T. McCaul,
Chairman.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
[[Page H9247]]
Mr. Speaker, I rise in support of H.R. 3875, the Department of
Homeland Security CBRNE Defense Act of 2015.
Mr. Speaker, we were here 2 days ago, and I said that the American
people are looking for the homeland to be safe. As I stand here today
in the backdrop of a recent classified briefing for many Members, I
again say that the issue of homeland security is not a partisan issue.
I am very grateful to Mr. McCaul and Mr. Thompson of Mississippi, the
ranking member, for their bipartisanship and the bipartisanship of this
committee. Working alongside the other jurisdictional committees--that
includes my other committee, Judiciary, that has, as their ranking
member, Mr. Conyers, and chairman, Mr. Goodlatte, and many other
committees--our commitment should be to secure the American people.
So, in this instance, pursuant to the fiscal year 2013 Consolidated
and Further Continuing Appropriations Act, the Department of Homeland
Security was directed to evaluate its activities related to preventing
and responding to threats posed by chemical, biological, radiological,
nuclear, and explosive, CBRNE, weapons and to determine whether there
were ways to improve coordination of those activities.
Nearly 2 years later, DHS submitted its report to Congress and
requested that certain activities and offices within the Department be
consolidated to create a center of gravity for the DHS CBRNE
activities.
H.R. 3875 seeks to implement much of the Department's proposal. In
particular, the bill would bring the Office of Health Affairs, the
Domestic Nuclear Detection Office, the Office of Bombing Prevention,
the chemical and biological risk assessment activities Science and
Technology Directorate, and staff from the Office of Policy and Office
of Coordination Operations together in a single office, headed by a new
assistant secretary.
I distinctly remember being in some of the meetings and hearings that
drew about some of these coordinated activities, and I believe the new
assistant secretary will be a very effective tool for making America
safer.
During committee consideration of the measure, the committee accepted
an amendment authored by Ranking Member Thompson to protect the
missions of the offices brought together and prevent some of the
disruption that could be caused by this kind of reorganization.
The amendment acknowledges that this reorganization will likely
necessitate new expenditures. For instance, DHS may need to utilize
retention bonuses to retain highly skilled, much-sought-after nuclear
and biodefense experts who otherwise would leave DHS because of their
lowered position and reduced prospects for advancement. I believe we
should do that.
Ranking Member Thompson's amendment also protects the role of the
Chief Medical Officer as a leader within the Department on public
health and medical issues by preserving the CMO's direct line to the
Secretary.
The amendment allows for the establishment of a health division
within the new office which could serve as a base of operations for the
Chief Medical Officer's public health activities.
I might comment very briefly further on this. We have found that we
live in a situation where, whether it is a natural disaster, but in
this instance a terrorist situation that comes about, there is
certainly major need for coordinated health activities that a person
briefed, informed, and trained under DHS, with the expertise, can give
to local entities and States.
For example, a hospital in my community, St. Joseph Medical Center,
is the only hospital in a very intense downtown urban center. We would
be interested in making sure that all of those health systems work.
As a nation, we cannot afford to have focus and attention toward the
CBRNE mission diminished as a result of the unavoidable staff upheaval
and infighting associated within any organization of this order.
Accordingly, I am pleased that H.R. 3875, as amended, will help
bolster the Department's ability to carry out this reorganization
without diminishing its ability to continue to carry out its CBRNE
mission.
Mr. Speaker, I am pleased to speak in support of H.R. 3875, the
``Department of Homeland Security CBRNE Defense Act of 2015.''
As a Senior Member of the Homeland Security Committee, I served as
Ranking Member of the Border and Maritime Subcommittee during the last
Congress and in a previous Congress chaired the Subcommittee on
Transportation Security.
It is important that the House take up the issue of how the WMD
programs within the Department of Homeland Security are managed, which
is why I am an original sponsor of the bill.
Events over the last Congress make it clear that Congress should be
even more vigilant in providing for the protection of the United
States.
Congress should be mindful of the: United States' leadership in the
effort to forge an enforceable and verifiable nuclear agreement with
Iran; deadliness of chemical weapons when they were used during the
Syrian conflict against unarmed men, women, and children; and arrival
of Ebola in Dallas, Texas and the cases that were treated around the
nation.
The bill authorizes an Office of Chemical, Biological, Radiological,
Nuclear, and Explosives (CBRNE) Defense within the Department of
Homeland Security (DHS).
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 the chemical, biological,
radiological, nuclear, and explosives areas continue to be spread
across many offices in the Department with varying authorities and
functions, affecting strategic direction as well as interdepartmental
and interagency coordination.
This bill will bring DHS into line with the Defense Department, State
Department, CIA, and FBI, which each have a lead office or bureau
charged with defending America against chemical, biological,
radiological, nuclear, and explosives (CBRNE) threats.
This is the result of many years of oversight by the Committee on
Homeland Security on the Department's management of CBRNE activities.
The bill authorizes a CBRNE Office, led by a Presidentially-appointed
Assistant Secretary.
The bill directs the Secretary to include within the new CBRNE
Office: the Office of Health Affairs; the Domestic Nuclear Detection
Office; risk assessment activities and personnel of the Science and
Technology Directorate; CBRNE activities and personnel of the Office of
Policy and Operations Coordination and Planning; and the Office for
Bombing Prevention.
The bill provides specific responsibilities of the Assistant
Secretary and needed structure for the management of CBRNE activities.
DHS provided its proposal for consolidation of CBRNE activities to
the Committee in June.
The Subcommittees on Emergency Preparedness, Response, and
Communications; and Cybersecurity, Infrastructure Protection, and
Security Technologies held a hearing in July on the Department's
proposal.
I urge my colleagues on in the House to join me in supporting this
important step forward.
Our work is not yet done, but we are creating the groundwork for a
safer and more resilient WMD deterrent, detection, and remediation
federal homeland effort.
I appreciate the Homeland Security Committee's interest in my bill
H.R. 85, Terrorism Prevention and Critical Infrastructure Protection
Act.
Like Chairman McCaul, and Ranking Member Thompson, I regard securing
our nation's critical infrastructure from terrorist threats as a top
national and homeland security priority.
I share the understanding regarding how important it is to draft
legislation that addresses the cyber threat posed by computer viruses
and worms designed to destroy or cripple industrial control systems
that sustain critical infrastructure is a serious challenge.
recommendation: support
Fixing a Broken Bureaucracy--H.R. 3875 increases transparency and
accountability at DHS by bringing the Department's fragmented WMD
defense programs under one roof and putting a lead official in charge.
Most security agencies (the Defense Department, State Department,
CIA, and FBI) have a lead office or bureau charged with using their
resources to defend America against chemical, biological, radiological,
nuclear, and explosives (CBRNE) threats.
But DHS does not--its WMD defense programs are scattered across
multiple offices, a fractured approach that weakens our ability to
confront these dangers on the frontlines.
The disorganization creates inefficiency, generates confusion about
who is in charge at DHS, makes interagency collaboration more
difficult, and drives away top talent.
The CBRNE Defense Act combines six separate offices and programs into
one central CBRNE Office at DHS headquarters, led by a senior official
who reports directly to the Secretary.
Elevating a Critical Mission--H.R. 3875 creates a stronger, unified
office equipped to keep the nation safe from WMD threats, and
[[Page H9248]]
it ensures these issues will always stay on the Department's ``front
burner.''
America faces persistent risk from terrorists and rogue states that
want to threaten our people with weapons of mass destruction.
But under the current structure at DHS, important WMD defense efforts
can get lost in the bureaucratic noise.
By consolidating these programs, the legislation will keep WMD
challenges on the radar of top officials.
It will also allow DHS to conduct its CBRNE activities more
strategically and effectively.
Streamlining Government--H.R. 3875 helps prevent taxpayer dollars
from being wasted--and aims to reduce overlap and duplication wherever
possible.
Hundreds of millions of taxpayer dollars have been spent on failed
CBRNE programs at DHS that were ill-planned and lacked effective
oversight and management.
This legislation ensures DHS programs for combating WMD threats will
be better coordinated and more closely monitored at the highest levels
of the Department.
The bill simplifies the Secretary's ability to oversee the
Department's WMD defense activities by consolidating standalone offices
and streamlining the reporting structure.
I also creates the possibility of long-term savings by allowing the
merged offices to combine their administrative functions.
Mr. Speaker, I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I have no more speakers. If the gentlewoman
from Texas has no further speakers, I am prepared to close once the
gentlewoman does.
Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman very much for his
leadership. I do not have any further speakers, but I would like to
close and thank the committee as well for considering a bill that is
now being reviewed--I want to thank the committee--H.R. 85, Terrorism
Prevention and Critical Infrastructure Protection Act, which I hope
contributes to all of our discussions about securing America.
This bill, Mr. Speaker, in particular, H.R. 3875, would consolidate
important CBRNE activities within the Department of Homeland Security.
I am hopeful that this reorganization will improve DHS' ability to
carry out its mission in this space.
Today, Mr. Speaker, the diversity in the terrorist landscape is
unprecedented. There are actors with aspirations to hit Western targets
with deadly conventional weapons. There are also actors that are
actively seeking to secure radiological and other nonconventional
weaponry to exact maximum death, destruction, and chaos.
The Department of Homeland Security, first established after 9/11,
has been designated and dictated to by the American people to keep them
safe. It has an important role to play to address these threats. It is
my great hope that this reorganization will help DHS take its CBRNE
efforts to the next level.
Mr. Speaker, I ask my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me first thank my colleagues on the other side of
the aisle, Ms. Jackson Lee and Mr. Thompson of Mississippi, for their
coordination on this bill. I think this committee, probably more than
any other one, has operated in a very bipartisan fashion. I am proud of
that, as a chairman. I think in matters of national security, that is
how we should operate, to reach across the aisle to get good things
done for the American people to make them safer. So let me just say
thank you for that.
I don't have to remind you, Mr. Speaker, the threats are real out
there. We got a classified briefing on San Bernardino, the pipe bombs
that were manufactured. In Dabiq Magazine, ISIS' latest publication,
they discuss the ease with which to move a nuclear device through
transnational criminal organizations into the Western Hemisphere:
through Mexico and across our southwest border. That is precisely the
kind of threat that this bill is designed to stop.
Mr. Speaker, I urge my colleagues to support this bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. McCaul) that the House suspend the rules and
pass the bill, H.R. 3875, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________