[House Report 114-296]
[From the U.S. Government Publishing Office]


114th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       114-296

======================================================================



 
         KNOW THE CBRN TERRORISM THREATS TO TRANSPORTATION ACT

                                _______
                                

October 20, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3350]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
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, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    The purpose of H.R. 3350 is 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. The bill 
requires the Office of Intelligence and Analysis (I&A) within 
the Department of Homeland Security (DHS) to conduct the 
assessment and directs that the results of the assessment be 
shared with relevant Federal, State and local agencies, 
including the Department of Energy.

                  Background and Need for Legislation

    Terrorist groups have long had an interest in using weapons 
of mass destruction, especially those utilizing chemical, 
biological, radiological, and nuclear (CBRN) agents or 
materials. Many officials working in homeland security and 
intelligence analysis agree that the threat from CBRN agents is 
real, although difficulty in intelligence gathering hampers 
efforts to get a clear picture of the current state of 
terrorist development and planned use of such weapons of mass 
destruction. The Director of the Defense Intelligence Agency 
testified in 2012 that ``terrorist organizations are working to 
acquire and employ chemical, biological, and radiological 
materials.''\1\ Two years later, in his statement for the 
record before the Senate Select Committee on Intelligence, 
Director of National Intelligence James Clapper noted that the 
``[Intelligence Community is] focused on the threat and 
destabilizing effects of nuclear proliferation, proliferation 
of chemical and biological warfare (CBW)-related materials, and 
development of weapons of mass destruction (WMD) delivery 
systems.''\2\
---------------------------------------------------------------------------
    \1\Testimony of Lieutenant General Ronald L. Burgess, Jr., 
Director, Defense Intelligence Agency, before the Senate Armed Services 
Committee on February 16, 2012.
    \2\Worldwide Threat Assessment of the US Intelligence Community, 
Before the Senate Select Committee on Intelligence, 113th Congress 
(2014) (statement of the Honorable James Clapper, Director of National 
Intelligence at 5).
---------------------------------------------------------------------------
    The Department of State Country Report on Terrorism for 
2014 highlights continued concerns securing CBRN materials. 
Specifically, the report states, ``CBRN materials and expertise 
remain a terrorist threat as demonstrated by terrorists' stated 
intent to acquire and use these materials; the nature of injury 
and damage these weapons can inflict; the ease with which 
information on these topics now flows; and the dual-use nature 
of many relevant technologies and material.''\3\
---------------------------------------------------------------------------
    \3\``Country Reports on Terrorism 2014,'' Department of State, June 
2015, page 289. (Accessed at: http://www.state.gov/documents/
organization/239631.pdf).
---------------------------------------------------------------------------
    In addition to concerns that terror groups 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.
    According to public reporting, spent nuclear fuel is being 
transported from a laboratory in Canada, across the Peace 
Bridge to a Department of Energy laboratory in South Carolina 
for disposal.\4\ While both the Nuclear Regulatory Commission 
and the Department of Transportation regulate the 
transportation of this material, this bill requires the 
Department of Homeland Security to review the process from a 
terrorist threat perspective.
---------------------------------------------------------------------------
    \4\Ashley Hirtzel, ``Higgins expresses concern with transporting 
nuclear waste over Peace Bridge,'' WBFP 88.7, July 25, 2014. (Accessed 
at: http://news.wbfo.org/post/higgins-expresses-concern-transporting-
nuclear-waste-over-peace-bridge#stream/0).
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                                Hearings

    The Committee did not hold any hearing specifically on 
H.R.3350; however, the Committee did hold the following 
oversight hearing in the 114th Congress.
    On September 17, 2015, the Subcommittee on Transportation 
Security and the Subcommittee on Counterterrorism and 
Intelligence held a joint hearing entitled ``Safeguarding our 
Nation's Surface Transportation Systems Against Evolving 
Terrorist Threats.'' The Subcommittees received testimony from 
Mr. Eddie Mayenschein, Assistant Administrator, Office of 
Security Policy and Industry Engagement, Transportation 
Security Administration, U.S. Department of Homeland Security; 
Ms. Jennifer Grover, Director, Transportation Security and 
Coast Guard Issues, Homeland Security and Justice Team, U.S. 
Government Accountability Office; Mr. Raymond Diaz, Director of 
Security, Metropolitan Transportation Authority (New York); and 
Ms. Polly Hanson, Chief of Police, National Railroad Passenger 
Corporation (Amtrak).

                        Committee Consideration

    The Committee met on September 30, 2015, to consider 
H.R.3350, and ordered the measure to be reported to the House 
with a favorable recommendation, without amendment, by voice 
vote.

    The Subcommittee on Counterterrorism and Intelligence met 
on September 17, 2015, to consider H.R. 3350 and reported the 
measure to the Full Committee with a favorable recommendation, 
without amendment, by voice vote.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R.3350.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3350, the Know the CBRN Terrorism Threats to Transportation 
Act, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 16, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3350, the Know the 
CBRN Terrorism Threats to Transportation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
    Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3350--Know the CBRN Terrorism Threats to Transportation Act

    H.R. 3350 would require the Department of Homeland Security 
(DHS), within 90 days of the bills enactment, to prepare a 
threat assessment relating to the transportation of chemical, 
biological, nuclear, and radiological materials throughout the 
United States. The department is currently carrying out 
activities similar to those required by the bill, and CBO 
estimates that implementing H.R. 3350 would not significantly 
affect DHS spending.
    Because enacting the legislation would not affect direct 
spending or revenues, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 3350 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    H.R. 3350 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 3350 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The legislation requires that the Undersecretary for I&A 
coordinate with other Federal agencies and components to ensure 
that the threat assessment is robust and complete. 
Additionally, the bill requires I&A to share the completed 
assessment with appropriate Federal, State, and local partners, 
including fusion centers in the National Network of Fusion 
Centers and the Department of Energy.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 3350 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3350 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3350 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that bill may be cited as the ``Know 
the CBRN Terrorism Threats to Transportation Act''.

Sec. 2.   Terrorism Threat Assessment.

    This section requires the Secretary of Homeland Security, 
acting through the Under Secretary of Intelligence and Analysis 
(I&A), to conduct a threat assessment of the transportation of 
chemical, biological, nuclear, and radiological materials 
through the land borders and within the United States within 90 
days of the enactment of the Act.
    The Committee believes that it is appropriate for the 
threat assessment to be conducted by I&A. Section 201 of the 
Homeland Security Act lays out the responsibilities for the 
Secretary related to intelligence analysis and infrastructure 
protection. Such responsibilities include subparagraph (1), 
which directs DHS to gather all available information and 
intelligence to ``identify and assess the scope of terrorist 
threats to the homeland; detect and identify threats of 
terrorism against the United States; and understand such 
threats in light of actual and potential vulnerabilities of the 
homeland.'' Subparagraph (2) further requires DHS ``to carry 
out comprehensive assessments of the vulnerabilities of the key 
resources and critical infrastructure of the United States, 
including the performance of risk assessments to determine the 
risks posed by particular types of terrorist attacks within the 
United States (including an assessment of the probability of 
success of such attacks and the feasibility and potential 
efficacy of various countermeasures to such attacks).''
    The bill requires the Under Secretary for I&A to consult 
with the Administrator of the Transportation Security 
Administration, the Commissioner of U.S. Customs and Border 
Protection, and the heads of other Federal agencies in the 
preparation of the assessment.
    The Committee strongly believes that coordination and 
information sharing within the Department, as well as between 
the Department and other agencies is critical for securing the 
homeland efficiently. While I&A is the lead agency in preparing 
the threat assessment, the Committee expects the agency to 
coordinate with the Department of Transportation, the 
Department of Energy, and appropriate DHS component agencies.
    Lastly, the bill requires that upon completion of the 
threat assessment, the Under Secretary disseminate the threat 
assessment to appropriate Federal, State, and local partners, 
including fusion centers in the National Network of Fusion 
Centers and the Department of Energy.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 3350 makes no changes to existing law.

                                  [all]