[Congressional Record (Bound Edition), Volume 161 (2015), Part 12]
[House]
[Pages 16153-16155]
[From the U.S. Government Publishing Office, www.gpo.gov]




         KNOW THE CBRN TERRORISM THREATS TO TRANSPORTATION ACT

  Mr. DONOVAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3350) to require a terrorism threat assessment regarding the 
transportation of chemical, biological, nuclear, and radiological 
materials through United States land borders and within the United 
States, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3350

       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 ``Know the CBRN Terrorism 
     Threats to Transportation Act''.

     SEC. 2. TERRORISM THREAT ASSESSMENT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, acting through the Under Secretary of Intelligence 
     and Analysis, shall conduct a terrorism threat assessment of 
     the transportation of chemical, biological, nuclear, and 
     radiological materials through United States land borders and 
     within the United States.
       (b) Consultation.--In preparing the terrorism threat 
     assessment required under subsection (a), the Under Secretary 
     for Intelligence and Analysis shall consult with the 
     Administrator of the Transportation Security Administration, 
     the Commissioner of U.S. Customs and Border Protection, and 
     the heads of other Federal departments and agencies, as 
     appropriate, to ensure that such terrorism threat assessment 
     is informed by current information about homeland security 
     threats.
       (c) Distribution.--Upon completion of the terrorism threat 
     assessment required under subsection (a), the Under Secretary 
     for Intelligence and Analysis shall disseminate such 
     terrorism threat assessment to Federal partners, including 
     the Department of Transportation and the Department of 
     Energy, and State and local partners, including the National 
     Network of Fusion Centers.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Donovan) and the gentleman from New York (Mr. Higgins) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York (Mr. Donovan).


                             General Leave

  Mr. DONOVAN. 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 New York?
  There was no objection.
  Mr. DONOVAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 3350, the Know the CBRN 
Terrorism Threats to Transportation Act, introduced by the gentleman 
from New York (Mr. Higgins).
  This bill requires the Department of Homeland Security, through the 
Office of Intelligence and Analysis, to conduct a terrorism threat 
assessment of the transportation of chemical, biological, nuclear, and 
radiological materials across our land borders and within the United 
States.
  As a fellow New Yorker, I share Congressman Higgins' security 
concerns related to the transportation of spent nuclear fuel across the 
Canadian-New York border. It is an appropriate response to have the 
Department of Homeland Security conduct a risk assessment related to 
this initiative.
  DHS is responsible for assessing potential terror threats against the 
homeland. Threats related to CBRN materials are one of the most 
serious.
  Terrorist groups have long had an interest in using CBRN materials. 
In addition to concerns that terror groups

[[Page 16154]]

may try to create or purchase CBRN materials, there are concerns that 
terrorists could exploit such materials with legitimate commercial 
uses, including when such materials are transported from one location 
to another. It is this concern that the bill seeks to address.
  The bill also directs that the results of the assessment be shared 
with relevant Federal, State, and local agencies, including the 
Department of Energy and the National Network of Fusion Centers. 
Coordination and information-sharing within the Department, as well as 
between the Department and other agencies, is critical for securing the 
homeland efficiently.
  This is a commonsense bill, and I encourage my colleagues to support 
this bill.
  I reserve the balance of my time.

                              {time}  1630

  Mr. HIGGINS. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 3350, the Know the CBRN Terrorism Threats 
to Transportation Act.
  Mr. Speaker, I thank the chairman of the subcommittee, Mr. King of 
New York; Chairman McCaul; and my ranking member, Mr. Thompson of 
Mississippi, for their support of my bill.
  H.R. 3350, the Know the CBRN Terrorism Threats to Transportation Act, 
would direct the Department of Homeland Security's Office of 
Intelligence and Analysis to conduct a terrorism threat assessment of 
the risks associated with transportation of chemical, biological, 
nuclear, and radiological materials.
  Terrorists and militant groups have expressed an interest in using 
weapons of mass destruction, especially those utilizing chemical, 
biological, radiological, and nuclear, known as CBRN, agents or 
materials.
  In fact, according to a recent Associated Press investigation, the 
FBI uncovered a plot by rogue Moldavian operatives to sell nuclear 
material to foreign terrorist organizations that have an interest in 
targeting the United States.
  Next year the Department of Energy plans to allow the transporting by 
truck of highly enriched uranium from Canada to South Carolina. As a 
cost-saving measure, the planned shipment would be in liquid form.
  These trucks are scheduled to enter the United States via the Peace 
Bridge in Buffalo, New York. An attack or an accident involving one of 
these trucks crossing the Peace Bridge could have devastating 
consequences.
  The Peace Bridge is the busiest passenger crossing on the northern 
border and the second busiest cargo port of entry. Closing the bridge 
for an extended period of time would cause great economic harm to the 
region and national economies. Further, an attack could contaminate the 
Great Lakes, which contain 84 percent of North America's surface 
freshwater, with highly radioactive material.
  Despite these risks, the Department of Energy approved this route, 
relying on an analysis of this route that is 20 years old, and did not 
anticipate carrying such high-level waste. In other words, the Federal 
Government is about to begin importing highly radioactive material, 
which has never been shipped in this manner, using outdated, pre-9/11 
information that does not reflect the threats we face today.
  To ensure that all relevant Federal agencies, including the 
Department of Energy, have the information they need to make decisions 
and develop policies that are informed by the terrorism threat picture, 
my bill would direct the Department of Homeland Security to share its 
assessment with Federal partners.
  Mr. Speaker, I urge Members to support H.R. 3350, a measure that will 
not only help ensure the Department of Energy has the information it 
needs with respect to transporting dangerous material through high-risk 
areas throughout the United States, but that other Federal agencies who 
are faced with similar questions are able to make better informed 
decisions.
  Many of the routes used for the transport of CBRN materials were 
approved nearly 20 years ago and, as such, reflect a pre-9/11 mindset 
with respect to the threat and consequences of terrorism.
  My bill will ensure that the Department of Homeland Security assesses 
and shares threat information with the Department of Energy and other 
Federal agencies to ensure that they have the information needed to 
reach complicated decisions about transporting dangerous nuclear 
material throughout our communities.
  Enactment of my legislation will send a message to citizens at risk 
in Buffalo and beyond that we care about keeping them secure and 
ensuring that Federal policy is informed by the best information we 
have on terrorism threats.
  With that, I ask for my colleagues' support.
  I yield back the balance of my time.
  Mr. DONOVAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is common sense to require DHS to conduct terrorism 
threat assessments for the legitimate storage, sale, or transportation 
of CBRN materials.
  This bill complements the bill the House just considered, H.R. 3493, 
the Securing the Cities Act of 2015. We need to take all appropriate 
measures to safeguard our citizens from nuclear weapons and weapons of 
mass destruction.
  The Securing the Cities program creates a warning and detection 
system around New York City and other high-risk locations. H.R. 3350 
supplements this concept by requiring a proactive approach in reviewing 
security concerns related to the transportation of CBRN materials.
  In closing, I wanted to express appreciation to Congressman Higgins, 
the ranking member of the Counterterrorism and Intelligence 
Subcommittee, and to the subcommittee chairman, Peter King, for moving 
H.R. 3350.
  I urge support for the underlying measure.
  I yield back the balance of my time.
  Mrs. LAWRENCE. Mr. Speaker, I rise today in support of H.R. 3350, the 
Know the CBRN Terrorism Threats to Transportation Act. The Department 
of Homeland Security and the Under Secretary of Intelligence and 
Analysis play a critical role in the safety of American families. Their 
work assessing the transportation of chemical, biological, nuclear, and 
radiological (CBRN) materials is essential for maintaining a high level 
of security for the country. This is why the Know the CBRN Terrorism 
Threats to Transportation Act must be passed.
  The fact that my home state shares an international border gives me 
insight and understanding of the issues that border communities face. 
Extremist groups have an array of potential agents and delivery methods 
to choose from for chemical, biological, radiological, or nuclear 
attacks. Castor beans, cyanide, sarin and other chemical agents are 
examples of the spectrum of terrorist CBRN threats. These materials 
need to be assessed in order to ensure the safety of not only our 
border communities, but our nation.
  The Know the CBRN Terrorism Threats to Transportation Act requires a 
three step process for improving the safety of our borders. First, to 
prepare for the execution of a terrorism threat assessment regarding 
CBNR materials, the Under Secretary for Intelligence and Analysis will 
consult with the Administrator of the Transportation Security 
Administration and the heads of other federal departments and agencies. 
This is critical in ensuring that the assessment is conducted with the 
highest level of expertise. Next, the terrorism threat assessment of 
the transportation of CBNR materials can be conducted. Finally, the 
assessment must be distributed to federal, state, and local partners so 
that everyone protecting our borders is informed and updated. At a time 
when this information should be readily available, we are still waiting 
to find the best process to address this critical issue.
  I would like to close by saying that I am proud of our chamber for 
taking this important step to ensure that the data on the 
transportation of hazardous materials is readily available and 
accessible. I also want to thank my colleagues for understanding the 
importance of information regarding CBRN threats and the role of this 
information in strengthening our security.
  Ms. JACKSON LEE. Mr. Speaker, I rise today in strong support of H.R. 
3350, the ``Know the CBRN Terrorism Threats to Transportation Act,'' 
which requires the Department of Homeland Security's Office of 
Intelligence and Analysis to conduct a terrorism threat assessment 
regarding the ground transportation

[[Page 16155]]

of chemical, biological, nuclear, and radiological (CBRN) materials.
  As a senior member of the Homeland Security Committee and the Ranking 
Member of the Judiciary Committee's Subcommittee on Crime, Terrorism, 
Homeland Security, and Investigations, I appreciate the significance of 
this bill.
  On September 11, 2001, 2,977 people were killed after terrorists 
hijacked four commercial aircraft and used three of them as guided 
missiles to destroy much of the complex that made up the New York City 
Twin Towers as well as a wing of the Pentagon.
  The fourth plane was crashed into a field in Shanksville, 
Pennsylvania as passengers heroically attempted to retake the plane 
from the control of hijackers.
  Since September 11, 2001, security experts have warned of 
vulnerabilities that exist should terrorists plan to attack a chemical 
facility located within the United States or worse yet, gain unlawful 
access to a facility, pipelines, or transit routes and steal chemicals 
for a mass attack against civilians.
  Transportation of chemical, biological, radiological, and nuclear 
(CBRN) materials across our borders and within the United States may 
become targets for terrorists who seek to do us harm.
  The 18th Congressional District of Texas, which I serve, is home to 
some of the world's largest petrochemical producers, which employ 
thousands of Houston area residents.
  Chemicals are a vital and common presence in the lives of our 
nation's citizens, but we often forget how dangerous they can be under 
the wrong conditions.
  On April 17, 2013, the small town of West, Texas felt the power and 
destructive force of ammonium nitrate when an accidental fire ignited 
what is believed to have been between 140 to 160 tons of the chemical.
  This was no terrorist attack, but a very tragic accident.
  The accident in the town of West, Texas reminded all of us who 
represent districts that count chemical plants or their owners and 
operators as constituents--how important it is to protect the transport 
of these products from theft or misuse by terrorists.
  Ports, railways, pipelines, and trucks are critical to the domestic 
transport of chemical products.
  U.S. seaports, like the Port of Houston, are vulnerable to terrorist 
attacks.
  Ports serve as America's gateway to the global economy since the 
nation's economic prosperity rests on the ability of containerized and 
bulk cargo arriving unimpeded at U.S. ports to support the rapid 
delivery system that underpins the manufacturing and retail sectors.
  A central component of national security is the ability of our 
international ports to move goods into and out of the country.
  According to the Department of Commerce in 2012, Texas exports 
totaled $265 billion.
  The Port of Houston is a 25-mile-long complex of diversified public 
and private facilities located just a few hours' sailing time from the 
Gulf of Mexico.
  In 2012, ship channel-related businesses contributed 1,026,820 jobs 
and generated more than $178.5 billion in statewide economic activity.
  In 2014, the Port of Houston was ranked among U.S. ports:
  1. 1st in foreign tonnage;
  2. 1st among Texas ports with 46% of market share by tonnage and 95% 
market share in containers by total TEUS in 2014;
  3. 1st among Gulf Coast container ports, handling 67% of U.S. Gulf 
Coast container traffic in 2014; and
  4. 2nd in U.S. port in terms of total foreign cargo value (based on 
U.S. Dept. of Commerce, Bureau of Census)
  The Government Accountability Office (GAO), reports that the Port of 
Houston and its waterways and vessels, are part of an economic engine 
handling more than $700 billion in cargo annually.
  The Port of Houston houses approximately 100 steamship lines offering 
services that link Houston with 1,053 ports in 203 countries.
  The Port of Houston is home to a $15 billion petrochemical complex, 
the largest in the nation and second largest in the world.
  With the nation's largest petrochemical complex supplying over 40 
percent of the nation's base petrochemical manufacturing capacity, what 
happens at the Port of Houston affects the entire nation.
  In 2004, nearly 155 million tons of chemicals were transported by 
rail in North America, which constitutes 1.75 million rail cars of 
hazardous materials.
  The volume of hazardous materials moving by rail more than doubled 
since 1980 indicates that rail has become an integral part of the 
tremendous increase in the transport of hazardous materials.
  According to the Texas Department of Transportation approximately 
2,200 trains per week travel within the Houston regional rail network, 
which is comprised of more than 800 miles of mainline tracks and 21 
miles of railroad bridges.
  I support this bill because we must protect the American people 
against potential terrorism through the unconventional use of 
biological, chemical or radiological materials that have a beneficial 
commercial or industrial purpose.
  Without the proper precautions and security measures major U.S. 
cities such as Houston, Texas may be vulnerable to chemical, 
biological, radiological, and nuclear attacks by terrorist.
  H.R. 3350 addresses many problems by requiring the Secretary of 
Homeland Security to conduct a terrorism threat assessment of the 
transportation of chemical, biological, nuclear, and radiological 
materials through the United States land borders and within the United 
States.
  In order to enforce the required threat assessment the Under 
Secretary for Intelligence and Analysis shall consult with the 
Administrator of the Transportation Security Administration, the 
Commissioner of U.S. Customs and Border protection, and the heads of 
other Federal departments and agencies, as deemed appropriate to ensure 
that such terrorism threat assessment is informed by current 
information about homeland security threats.
  Congress must take forward action as threats of chemical and 
biological terrorism rise and terrorist groups actively seeking 
hazardous chemicals in order to inflict harm against American citizens.
  I urge my colleagues to support me on H.R. 3350 in order to assess 
threats to our transportation infrastructure.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Donovan) that the House suspend the rules 
and pass the bill, H.R. 3350.
  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. DONOVAN. 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.

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