[House Report 114-334]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-334
======================================================================
DEPARTMENT OF HOMELAND SECURITY CBRNE DEFENSE ACT OF 2015
_______
November 16, 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
together with
ADDITIONAL VIEWS
[To accompany H.R. 3875]
The Committee on Homeland Security, to whom was referred
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, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 11
Background and Need for Legislation.............................. 11
Hearings......................................................... 11
Committee Consideration.......................................... 12
Committee Votes.................................................. 13
Committee Oversight Findings..................................... 13
New Budget Authority, Entitlement Authority, and Tax Expenditures 13
Congressional Budget Office Estimate............................. 13
Statement of General Performance Goals and Objectives............ 13
Duplicative Federal Programs..................................... 13
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 14
Federal Mandates Statement....................................... 14
Preemption Clarification......................................... 14
Disclosure of Directed Rule Makings.............................. 14
Advisory Committee Statement..................................... 14
Applicability to Legislative Branch.............................. 14
Section-by-Section Analysis of the Legislation................... 14
Changes in Existing Law Made by the Bill, as Reported............ 21
Additional Views................................................. 47
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 provision.
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.
``(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, 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
(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 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 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 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.
``(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) Savings Provision.--The individual serving as of the date of the
enactment of this Act as the Director for Domestic Nuclear Detection of
the Department of Homeland Security may continue to serve as the
Director of the Nuclear Division of the Department on and after such
date.
(d) 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--
(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.''.
Purpose and Summary
H.R. 3875 amends the Homeland Security Act of 2002 to
establish within the Department of Homeland Security a
Chemical, Biological, Radiological, Nuclear, and Explosives
Office.
Background and Need for Legislation
The ``Department of Homeland Security CBRNE Defense Act of
2015'' authorizes a Chemical, Biological, Radiological,
Nuclear, and Explosives (CBRNE) Office within the Department of
Homeland Security (DHS or Department).
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 CBRNE 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.
Congress directed the Department to conduct a review of its
WMD defense functions, including specific statutory,
organizational, administrative, and funding recommendations and
changes to streamline and improve overall DHS WMD defense
activities. DHS provided its proposal for consolidation of
CBRNE activities to the Committee in June. The Subcommittee on
Emergency Preparedness, Response, and Communications and the
Subcommittee on Cybersecurity, Infrastructure Protection, and
Security Technologies held a joint hearing in July on the
Department's proposal.
This bill is the result of many years of oversight by the
Committee on Homeland Security on the Department's management
of CBRNE activities. It 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.
Hearings
The Committee on Homeland Security did not hold any
hearings on H.R.3875, however the Committee held the following
oversight hearing:
The Subcommittees on Cybersecurity, Infrastructure
Protection, and Security Technologies and Emergency
Preparedness, Response, and Communications held a joint
hearing, ``Weapons of Mass Destruction: Bolstering DHS to
Combat Persistent Threats to America,'' on July 14, 2015. The
Subcommittees received testimony from Dr. Reginald Brothers,
Under Secretary for Science and Technology, U.S. Department of
Homeland Security; Dr. Kathryn Brinsfield, Assistant Secretary,
Office of Health Affairs, U.S. Department of Homeland Security;
Dr. Huban Gowadia, Director, Domestic Nuclear Detection Office,
U.S. Department of Homeland Security; Mr. Alan D. Cohn,
Counsel, Steptoe & Johnson LLP; Mr. Rick ``Ozzie'' Nelson,
Senior Associate, Homeland Security and Counterterrorism
Program, Center for Strategic and International Studies; and
Mr. Warren Stern, Former Director, Domestic Nuclear Detection
Office, U.S. Department of Homeland Security.
This hearing examined the Department of Homeland Security's
proposal to consolidate certain CBRNE defense activities of DHS
headquarters. Members received testimony from DHS headquarters
personnel whose organizations would be impacted by the DHS
proposal, as well as outside experts, on the optimal management
of DHS CBRNE activities. This hearing helped to inform the
drafting of H.R. 3875.
Committee Consideration
The Committee met on November 4, 2015, to consider H.R.
3875, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by
Mr.McCaul (#1); was AGREED TO, as amended, by voice vote.
An Amendment by Mr. Thompson of Mississippi to the Amendment
in the Nature of a Substitute (#1A); was AGREED TO, by voice
vote.
Page 2, line 12, insert after ``Division.'' the following: ``The
CBRNE Office may include a Health Division.''.
Page 3, beginning line 17, strike ``the Director of the Explosives
Division, and the Chief Medical Officer'' and insert ``and the Director
of the Explosives Division''.
Page 4, line 5, strike ``Nuclear Division authorized under title
XIX'' and insert ``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)''.
Page 13, line 11, strike ``Efficiencies Review'' and insert
``After Action and Efficiencies Review''.
Page 14, line 6, insert after ``Office'' the following: ``,
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;''.
Page 14, beginning line 6, strike ``and identifies any potential
cost savings and efficiencies for such expenditures and activities of
each sub-office; and'' and insert the following (and redesignate
subsequent paragraphs accordingly): (3) identifies any potential cost
savings and efficiencies within the CBRNE Office or its divisions; and
Page 14, line 9, strike ``make recommendations for adjustments in
the management and administration of the Office'' and insert
``identifies opportunities to enhance the effectiveness of the
management and administration of the CBRNE Office''.
Page 15, line 1, strike ``for fiscal year 2020''.
Page 15, line 2, insert ``for the fiscal year that follows the
issuance of the Comptroller General review required pursuant to
subsection (d)'' after ``United States Code,''.
Page 17, line 5, strike ``Concurrent''.
Page 17, line 10, insert ``organizational structure of the'' after
``review of the''.
Page 17, line 17, insert ``organizational structure for the''
before ``management''.
Page 17, line 24, insert ``organizational structure of the''
before ``Department's''.
Page 18, line 3, strike ``one year'' and insert ``two years''.
Page 25, line 9, strike ``Maintaining'' and insert ``Achieving''.
Page 29, strike lines 17 through 22 (and redesignate subsequent
subsections accordingly).
Page 31, line 23, strike ``PROVISION'' and insert ``PROVISIONS''.
Page 32, line 2, insert after ``United States.'' The following:
``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)).''
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. 3875.
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.
3875, the Department of Homeland Security CBRNE Defense Act of
2015, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 3875 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 3875 establishes a CBRNE Office within the Department
of Homeland Security to coordinate, strengthen, and provide
CBRNE capabilities in support of homeland security. It requires
the Secretary to report on the efficiencies achieved by the
consolidation of a number of Department offices and functions
into the new CBRNE Office, including any potential cost
savings. Furthermore, it requires the Secretary and the
Government Accountability Office to report on the optimal
structure on CBRNE research and development activities.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 3875 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
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 3875 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3875 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 this bill may be cited as the
``Department of Homeland Security CBRNE Defense Act of 2015''.
Sec. 2. CBRNE Office.
This section adds a new ``Title XXII--CBRNE Office'' to the
Homeland Security Act of 2002. This includes ``Subtitle A--The
Chemical, Biological, Radiological, Nuclear, and Explosives
Office'' as follows:
`Sec. 2201. CBRNE Office.
This new section establishes in the Department of Homeland
Security (DHS) a Chemical, Biological, Radiological, Nuclear,
and Explosives Office, referred to as the CBRNE Office. This
section also specifies that the CBRNE Office may include a
Health Division.
It establishes that the mission of the Office is to
coordinate, strengthen, and provide chemical, biological,
radiological, nuclear, and explosives (CBRNE) capabilities in
support of homeland security.
The section provides that the Office shall be led by a
Presidentially-appointed, Senate-confirmed Assistant Secretary.
It enumerates the responsibilities of the Assistant
Secretary for the CBRNE Office: to develop, coordinate, and
maintain overall CBRNE strategy and policy for the Department;
to develop, coordinate, and maintain for the Department
periodic CBRNE risk assessments; to serve as the primary
Department representative for coordinating CBRNE activities
with other Federal departments and agencies; to provide
oversight for the Department's preparedness for CBRNE threats;
to provide support for operations during CBRNE threats or
incidents; and to carry out such other responsibilities as the
Secretary determines appropriate, consistent with this title.
Finally, the section requires the Directors of the
Chemical, Biological, Nuclear, and Explosives Divisions to
report directly to the Assistant Secretary. This section is
silent as to the reporting structure of the Chief Medical
Officer. Pursuant to section 516 of the Homeland Security Act
of 2002, the Chief Medical Officer serves as the principal
advisor to the Secretary of Homeland Security and Administrator
of the Federal Emergency Management Agency on medical and
public health issues. Nothing in this bill changes that
reporting structure, as noted in section 7, or dictates where
the Chief Medical Officer position must reside in the CBRNE
Office structure. The Committee directs the Secretary to orient
the Chief Medical Officer in a manner that will ensure his or
her ability to best address the health impacts of CBRNE
threats, emerging infectious diseases, and the protection of
the DHS workforce.
`Sec. 2202. Composition of the CBRNE Office.
This section requires the Secretary to transfer to the
CBRNE Office the Office of Health Affairs, the Domestic Nuclear
Detection Office, the CBRNE threat awareness and risk
assessment activities of the Science and Technology
Directorate, the CBRNE functions of the Office of Policy and
the Office of Operations Coordination, and the Office for
Bombing Prevention of the National Protection and Programs
Directorate.
In transferring the CBRNE threat awareness and risk
assessment activities of the Science and Technology
Directorate, the Committee intends that this transfer include
the development of Material Threat Assessments and Material
Threat Determinations.
`Sec. 2203. Hiring Authority.
This section provides for the hiring of scientific and
technical positions.
`Sec. 2204. Grants, Cooperative Agreements, and Other
Transactions and Contracts.
This section provides that the Assistant Secretary may
distribute funds through grants, cooperative agreements, and
other transactions and contracts.
`Sec. 2205. Terrorism Risk Assessments.
This section authorizes the Assistant Secretary for the
CBRNE Office to develop, coordinate, and update periodically
terrorism risk assessments of chemical, biological,
radiological, and nuclear threats, as well as an integrated
terrorism risk assessment that assesses CBRNE threats and
compares each such threat against one another according to
their relative risk.
It requires the Assistant Secretary to provide the risk
assessments to Congress.
It further requires specific activities in assessing the
methodology for developing the risk assessments, and provides
that the risk assessments shall be used to inform and guide
allocation of resources for chemical, biological, radiological,
and nuclear threat activities of the Department.
Finally, this section requires the Department to get input
from and share or make available as appropriate, the risk
assessments with Federal, State, local, Tribal, and territorial
officials involved in efforts to counter chemical, biological,
radiological, and nuclear threats.
`Sec. 2206. CBRNE Communications and Public Messaging.
This section requires the Secretary to develop an
overarching risk communication strategy for terrorist attacks
and other high consequence events utilizing CBRN agents or
explosives that pose a high risk to homeland security.
Furthermore, it requires development of threat-specific
risk communication plans; risk communication messages,
including pre-scripted messaging; defined interagency processes
and protocols to assure coordinated risk and incident
communications and information sharing during incident
response; and strategies for communicating using social and new
media. It directs the Secretary to engage private and
nongovernmental entities in communications planning, as
appropriate; identify ways to educate and engage the public
about CBRNE threats and consequences; and provide guidance on
risk and incident communications for CBRNE events to State,
local, Tribal, and territorial governments, and other
stakeholders, as appropriate.
It requires the Secretary to 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 CBRNE terrorist attack or other
high consequence event.
This section requires the Department to report to Congress
120 days after enactment on current and future efforts of the
Department to develop the communication strategy, and two years
after enactment, to provide the strategy to Congress.
`Sec. 2207. CBRNE Intelligence and Information Sharing.
This section is very similar to H.R. 2200, the ``CBRN
Intelligence and Information Sharing Act of 2015'', which
passed the House on June 25, 2015, by a vote of 420 yeas and 2
nays (Roll No. 389). This section expands H.R 2200 to include
information sharing on explosives threats.
This section amends Subtitle A of title II (6 U.S. Code 121
et seq.) of the Homeland Security Act of 2002 by adding a new
section at the end directing the Office of Intelligence and
Analysis (I&A) of the Department of Homeland Security (DHS) to:
support homeland security-focused intelligence analysis
of terrorists, their claims, and their plans to conduct
attacks against the nation involving CBRNE, and of
global infectious disease, public health, food,
agricultural, and veterinary issues;
support homeland security-focused risk analysis and
risk assessments of those hazards by providing relevant
threat information;
leverage homeland security intelligence capabilities
and structures to enhance prevention, protection,
response, and recovery efforts with respect to a CBRNE
attack; and
share information and provide tailored analytical
support on these threats to State, local, and Tribal
authorities as well as other national biosecurity and
biodefense stakeholders.
This section also requires I&A to coordinate with other DHS
components, the Intelligence Community, and Federal, State,
local, and Tribal authorities, where appropriate, and enable
such entities to provide recommendations on optimal information
sharing mechanisms and on how they can provide information to
DHS. Additionally this section directs the Secretary of DHS to
report annually for five years on: (1) intelligence and
information sharing activities to counter the threat from
weapons of mass destruction; and (2) DHS's activities in
accordance with relevant intelligence strategies.
Sec. 2(b). Efficiencies Review.
This subsection of the bill requires the Secretary, acting
through the Assistant Secretary of the CBRNE Office, to provide
to Congress within one year of enactment, a report that reviews
the functions and responsibilities of the CBRNE Office to
identify and eliminate areas of unnecessary duplication;
provides a detailed accounting of the management and
administrative expenditures and activities of the Office and
identifies any potential cost savings and efficiencies; and
makes recommendations for adjustments in the management and
administration of the CBRNE Office to increase operational
impact and enhance efficiencies.
This section specifically requires information on the
Secretary's utilization of his authority to issue retention
bonuses pursuant to 5 U.S.C. section 5754. These bonuses may be
provided to an employee with unusually high or unique
qualifications or who fills a special need of the Department of
Homeland Security that makes such employee's services essential
to retain and who the Secretary determines, in the absence of a
retention bonus, would be likely to leave such position in the
Department.
The Committee recognizes that reorganizations can take a
toll on personnel and, as such, the Secretary may seek to use
his authority to provide bonuses to ensure the retention of a
specialized CBRNE workforce. This section requires the
efficiency review to include information on the use of this
authority.
Sec. 2(c). CBRNE Research and Development.
This subsection requires the Secretary to assess and report
to Congress on the organizational structure of the management
and execution of DHS research and development activities
related to CBRNE. Additionally, it requires in the assessment a
thorough justification and rationalization for the proposed
organizational structure for management and execution of CBRNE
research and development activities, and other specific
information.
This section provides that the Secretary may not take any
action to reorganize the management and execution of CBRNE
research and development activities without prior Congressional
authorization.
The Committee notes that research and development for CBRNE
is currently bifurcated at the Department. The Domestic Nuclear
Detection Office conducts its own research and development
activities and, after initial failures on projects such as the
Advanced Spectroscopic Radiation Portal Monitor, has matured
its capabilities into a highly functioning R&D operation.
However, when it comes to chemical, biological, and explosives
research and development, the Science and Technology
Directorate has had little success in transitioning technology
for operational use. S&T failures in soliciting requirements
from DHS operational users in the chemical and biological space
has contributed to its inability to successfully transfer
technology. In this subsection, the Committee directs the
Secretary to assess this structure and report to Congress on
its view for the optimal organization of CBRNE R&D activities
within the Department. This could include the consolidation of
all CBRNE R&D into the CBRNE Office. However, should S&T
improve its track record for chemical, biological, and
explosives R&D, the report could also find that the current
structure is optimal. Once the Secretary submits the required
report, the Committee will determine whether this structure
should be authorized.
Sec. 2(d). GAO Review.
This subsection requires a review by the Comptroller
General of the organizational structure of the management and
execution of DHS research and development activities related to
CBRNE to be submitted to the Committee within two years of
enactment.
Sec. 2(e). Technical and Conforming Amendments.
This section makes technical and conforming amendments to
the Homeland Security Act of 2002 to align responsibilities to
the new authorities within this act.
Sec. 3. Chemical Division.
This section adds a new ``Subtitle B--Chemical Division''
to new Title XXII of the Homeland Security Act of 2002. It
requires GAO to assess DHS's programs and activities related to
the terrorist attacks and other high-consequence events
utilizing chemical agents that pose a high risk to homeland
security.
`Sec. 2211. Chemical Division.
This section establishes a Chemical Division within the
CBRNE Office, headed by a Director.
It provides that 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.
This includes developing and maintaining the Department's
strategy against chemical threats; serving as the Department's
representative for chemical activities with other Federal
departments and agencies; providing oversight of the
Department's preparedness, including operational requirements,
for chemical threats; enhancing capabilities of Federal, State,
local, Tribal, and territorial governments, and private
entities as appropriate, for chemical threats; evaluating and
providing guidance on detection and communication technology;
and supporting and enhancing the effective sharing and use of
appropriate information generated by the intelligence community
on chemical threats.
`Sec. 2212. Chemical Defense Demonstration Projects.
This section provides that the Director may partner with
high-risk urban areas or facilities to conduct demonstration
projects to enhance national capabilities against chemical
threats.
Sec. 4. Biological Division.
This section adds a new ``Subtitle C--Biological Division''
to new Title XXII of the Homeland Security Act of 2002 as
follows:
`Sec. 2221. Biological Division.
This section establishes a Biological Division within the
CBRNE Office, headed by a Director.
It provides that the Director 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.
This includes developing and maintaining the Department's
strategy against biological threats; serving as the
Department's representative for biodefense and related
activities with other Federal departments and agencies;
providing oversight of the Department's preparedness, including
operational requirements, for biological threats; enhancing the
biodefense capabilities of Federal, State, local, Tribal, and
territorial governments, and private entities as appropriate;
supporting and enhancing the effective sharing and use of
appropriate information generated by the intelligence community
on biological threats; achieving a biodetection program; and
maintaining the National Biosurveillance Integration Center.
Sec. 5. Nuclear Division.
This section adds a new ``Subtitle D--Nuclear Division'' to
new Title XXII of the Homeland Security Act of 2002 as follows:
`Sec. 2231. Nuclear Division.
This section establishes a Nuclear Division within the
CBRNE Office, headed by a Director. It retitles the Domestic
Nuclear Detection Office (DNDO), authorized under title XIX of
the Homeland Security Act, as the new Nuclear Division.
In addition to the responsibilities under Title XIX, it
provides that 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.
It changes from one to two years the frequency of the
interagency review of the Global Nuclear Detection
Architecture. It requires the Director to 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.
The Committee intends that the Domestic Nuclear Detection
Office--renamed the Nuclear Division under this title--remain
intact as authorized under Title XXII of the Homeland Security
Act of 2002.
Sec. 6. Explosives Division.
This section adds a new ``Subtitle E--Explosives Division''
to new Title XXII of the Homeland Security Act of 2002 as
follows:
`Sec. 2241. Explosives Division.
This section establishes an Explosives Division within the
CBRNE Office, headed by a Director. It provides that 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.
This includes developing and maintaining the Department's
strategy against explosives threats; serving as the
Department's representative for explosives activities with
other Federal departments and agencies; providing oversight of
the Department's preparedness, including operational
requirements, for explosives threats; enhancing capabilities of
Federal, State, local, Tribal, and territorial governments, and
private entities as appropriate; and supporting and enhancing
the effective sharing and use of appropriate information
generated by the intelligence community on explosives threats.
Sec. 7. Savings Provision.
This section provides that nothing in this Act shall change
the authority of the Administrator of the Federal Emergency
Management Agency to lead the Nation's emergency management
system.
This section further provides that nothing in this Act
shall alter the responsibility of the Chief Medical Officer to
serve as the principal advisor to the Secretary and FEMA on
medical and public health issues.
Sec. 8. Clerical Amendments.
This section makes clerical amendments to the table of
contents section of the Homeland Security Act of 2002 to
reflect the changes made in this measure.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
[TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
TITLE XIX--NUCLEAR DIVISION
[Sec. 1901. Domestic Nuclear Detection Office.]
Sec. 1901. Nuclear Division.
* * * * * * *
[Sec. 1903. Hiring authority.]
* * * * * * *
Sec. 1908. Domestic Implementation of the global nuclear detection
architecture.
* * * * * * *
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.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--(1) In general.--
Except as provided under paragraph (2), there are the following
officers, appointed by the President, by and with the advice
and consent of the Senate:
(A) A Deputy Secretary of Homeland Security, who
shall be the Secretary's first assistant for purposes
of subchapter III of chapter 33 of title 5, United
States Code.
(B) An Under Secretary for Science and Technology.
(C) An Under Secretary for Border and Transportation
Security.
(D) An Administrator of the Federal Emergency
Management Agency.
(E) A Director of the Bureau of Citizenship and
Immigration Services.
(F) An Under Secretary for Management.
(G) A Director of the Office of Counternarcotics
Enforcement.
(H) An Under Secretary responsible for overseeing
critical infrastructure protection, cybersecurity, and
other related programs of the Department.
(I) Not more than 12 Assistant Secretaries.
(J) A General Counsel, who shall be the chief legal
officer of the Department.
(2) Assistant secretaries.--If any of the Assistant
Secretaries referred to under paragraph (1)(I) is
designated to be the [Assistant Secretary for Health
Affairs, the Assistant Secretary for Legislative
Affairs, or the Assistant Secretary for Public
Affairs,] Assistant Secretary for Legislative Affairs
or the Assistant Secretary for Public Affairs, that
Assistant Secretary shall be appointed by the President
without the advice and consent of the Senate.
(b) Inspector General.--There shall be in the Department an
Office of Inspector General and an Inspector General at the
head of such office, as provided in the Inspector General Act
of 1978 (5 U.S.C. App.).
(c) Commandant of the Coast Guard.--To assist the Secretary
in the performance of the Secretary's functions, there is a
Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and who
shall report directly to the Secretary. In addition to such
duties as may be provided in this Act and as assigned to the
Commandant by the Secretary, the duties of the Commandant shall
include those required by section 2 of title 14, United States
Code.
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil Liberties.
(4) A Director for Domestic Nuclear Detection.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
(e) Chief Financial Officer.--There shall be in the
Department a Chief Financial Officer, as provided in chapter 9
of title 31, United States Code.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
SEC. 201. INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION.
(a) Intelligence and Analysis and Infrastructure
Protection.--There shall be in the Department an Office of
Intelligence and Analysis and an Office of Infrastructure
Protection.
(b) Under Secretary for Intelligence and Analysis and
Assistant Secretary for Infrastructure Protection.--
(1) Office of intelligence and analysis.--The Office
of Intelligence and Analysis shall be headed by an
Under Secretary for Intelligence and Analysis, who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) Chief intelligence officer.--The Under Secretary
for Intelligence and Analysis shall serve as the Chief
Intelligence Officer of the Department.
(3) Office of infrastructure protection.--The Office
of Infrastructure Protection shall be headed by an
Assistant Secretary for Infrastructure Protection, who
shall be appointed by the President.
(c) Discharge of Responsibilities.--The Secretary shall
ensure that the responsibilities of the Department relating to
information analysis and infrastructure protection, including
those described in subsection (d), are carried out through the
Under Secretary for Intelligence and Analysis or the Assistant
Secretary for Infrastructure Protection, as appropriate.
(d) Responsibilities of Secretary Relating To Intelligence
and Analysis and Infrastructure Protection.--The
responsibilities of the Secretary relating to intelligence and
analysis and infrastructure protection shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, and other
information from agencies of the Federal Government,
State and local government agencies (including law
enforcement agencies), and private sector entities, and
to integrate such information, in support of the
mission responsibilities of the Department and the
functions of the National Counterterrorism Center
established under section 119 of the National Security
Act of 1947 (50 U.S.C. 404o), in order to--
(A) identify and assess the nature and scope
of terrorist threats to the homeland;
(B) detect and identify threats of terrorism
against the United States; and
(C) understand such threats in light of
actual and potential vulnerabilities of the
homeland.
(2) 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).
(3) To integrate relevant information, analysis, and
vulnerability assessments (regardless of whether such
information, analysis or assessments are provided by or
produced by the Department) in order to--
(A) identify priorities for protective and
support measures regarding terrorist and other
threats to homeland security by the Department,
other agencies of the Federal Government,
State, and local government agencies and
authorities, the private sector, and other
entities; and
(B) prepare finished intelligence and
information products in both classified and
unclassified formats, as appropriate, whenever
reasonably expected to be of benefit to a
State, local, or tribal government (including a
State, local, or tribal law enforcement agency)
or a private sector entity.
(4) To ensure, pursuant to section 202, the timely
and efficient access by the Department to all
information necessary to discharge the responsibilities
under this section, including obtaining such
information from other agencies of the Federal
Government.
(5) To develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States, including power production,
generation, and distribution systems, information
technology and telecommunications systems (including
satellites), electronic financial and property record
storage and transmission systems, emergency
preparedness communications systems, and the physical
and technological assets that support such systems.
(6) To recommend measures necessary to protect the
key resources and critical infrastructure of the United
States in coordination with other agencies of the
Federal Government and in cooperation with State and
local government agencies and authorities, the private
sector, and other entities.
(7) To review, analyze, and make recommendations for
improvements to the policies and procedures governing
the sharing of information within the scope of the
information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), including
homeland security information, terrorism information,
and weapons of mass destruction information, and any
policies, guidelines, procedures, instructions, or
standards established under that section.
(8) To disseminate, as appropriate, information
analyzed by the Department within the Department, to
other agencies of the Federal Government with
responsibilities relating to homeland security, [and to
agencies of State and local governments and private
sector entities with such responsibilities in order to
assist in the deterrence, prevention, preemption of, or
response to, terrorist attacks against the United
States.] 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.
(9) To consult with the Director of National
Intelligence and other appropriate intelligence, law
enforcement, or other elements of the Federal
Government to establish collection priorities and
strategies for information, including law enforcement-
related information, relating to threats of terrorism
against the United States through such means as the
representation of the Department in discussions
regarding requirements and priorities in the collection
of such information.
(10) To consult with State and local governments and
private sector entities to ensure appropriate exchanges
of information, including law enforcement-related
information, relating to threats of terrorism against
the United States.
(11) To ensure that--
(A) any material received pursuant to this
Act is protected from unauthorized disclosure
and handled and used only for the performance
of official duties; and
(B) any intelligence information under this
Act is shared, retained, and disseminated
consistent with the authority of the Director
of National Intelligence to protect
intelligence sources and methods under the
National Security Act of 1947 (50 U.S.C. 401 et
seq.) and related procedures and, as
appropriate, similar authorities of the
Attorney General concerning sensitive law
enforcement information.
(12) To request additional information from other
agencies of the Federal Government, State and local
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating
to other areas of responsibility assigned by the
Secretary, including the entry into cooperative
agreements through the Secretary to obtain such
information.
(13) To establish and utilize, in conjunction with
the chief information officer of the Department, a
secure communications and information technology
infrastructure, including data-mining and other
advanced analytical tools, in order to access, receive,
and analyze data and information in furtherance of the
responsibilities under this section, and to disseminate
information acquired and analyzed by the Department, as
appropriate.
(14) To ensure, in conjunction with the chief
information officer of the Department, that any
information databases and analytical tools developed or
utilized by the Department--
(A) are compatible with one another and with
relevant information databases of other
agencies of the Federal Government; and
(B) treat information in such databases in a
manner that complies with applicable Federal
law on privacy.
(15) To coordinate training and other support to the
elements and personnel of the Department, other
agencies of the Federal Government, and State and local
governments that provide information to the Department,
or are consumers of information provided by the
Department, in order to facilitate the identification
and sharing of information revealed in their ordinary
duties and the optimal utilization of information
received from the Department.
(16) To coordinate with elements of the intelligence
community and with Federal, State, and local law
enforcement agencies, and the private sector, as
appropriate.
(17) To provide intelligence and information analysis
and support to other elements of the Department.
(18) To coordinate and enhance integration among the
intelligence components of the Department, including
through strategic oversight of the intelligence
activities of such components.
(19) To establish the intelligence collection,
processing, analysis, and dissemination priorities,
policies, processes, standards, guidelines, and
procedures for the intelligence components of the
Department, consistent with any directions from the
President and, as applicable, the Director of National
Intelligence.
(20) To establish a structure and process to support
the missions and goals of the intelligence components
of the Department.
(21) To ensure that, whenever possible, the
Department--
(A) produces and disseminates unclassified
reports and analytic products based on open-
source information; and
(B) produces and disseminates such reports
and analytic products contemporaneously with
reports or analytic products concerning the
same or similar information that the Department
produced and disseminated in a classified
format.
(22) To establish within the Office of Intelligence
and Analysis an internal continuity of operations plan.
(23) Based on intelligence priorities set by the
President, and guidance from the Secretary and, as
appropriate, the Director of National Intelligence--
(A) to provide to the heads of each
intelligence component of the Department
guidance for developing the budget pertaining
to the activities of such component; and
(B) to present to the Secretary a
recommendation for a consolidated budget for
the intelligence components of the Department,
together with any comments from the heads of
such components.
(24) To perform such other duties relating to such
responsibilities as the Secretary may provide.
(25) To prepare and submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security in the
House of Representatives, and to other appropriate
congressional committees having jurisdiction over the
critical infrastructure or key resources, for each
sector identified in the National Infrastructure
Protection Plan, a report on the comprehensive
assessments carried out by the Secretary of the
critical infrastructure and key resources of the United
States, evaluating threat, vulnerability, and
consequence, as required under this subsection. Each
such report--
(A) shall contain, if applicable, actions or
countermeasures recommended or taken by the
Secretary or the head of another Federal agency
to address issues identified in the
assessments;
(B) shall be required for fiscal year 2007
and each subsequent fiscal year and shall be
submitted not later than 35 days after the last
day of the fiscal year covered by the report;
and
(C) may be classified.
(e) Staff.--
(1) In general.--The Secretary shall provide the
Office of Intelligence and Analysis and the Office of
Infrastructure Protection with a staff of analysts
having appropriate expertise and experience to assist
such offices in discharging responsibilities under this
section.
(2) Private sector analysts.--Analysts under this
subsection may include analysts from the private
sector.
(3) Security clearances.--Analysts under this
subsection shall possess security clearances
appropriate for their work under this section.
(f) Detail of Personnel.--
(1) In general.--In order to assist the Office of
Intelligence and Analysis and the Office of
Infrastructure Protection in discharging
responsibilities under this section, personnel of the
agencies referred to in paragraph (2) may be detailed
to the Department for the performance of analytic
functions and related duties.
(2) Covered agencies.--The agencies referred to in
this paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Geospatial-Intelligence
Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal
Government that the President considers
appropriate.
(3) Cooperative agreements.--The Secretary and the
head of the agency concerned may enter into cooperative
agreements for the purpose of detailing personnel under
this subsection.
(4) Basis.--The detail of personnel under this
subsection may be on a reimbursable or non-reimbursable
basis.
(g) Functions Transferred.--In accordance with title XV,
there shall be transferred to the Secretary, for assignment to
the Office of Intelligence and Analysis and the Office of
Infrastructure Protection under this section, the functions,
personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Center of
the Federal Bureau of Investigation (other than the
Computer Investigations and Operations Section),
including the functions of the Attorney General
relating thereto.
(2) The National Communications System of the
Department of Defense, including the functions of the
Secretary of Defense relating thereto.
(3) The Critical Infrastructure Assurance Office of
the Department of Commerce, including the functions of
the Secretary of Commerce relating thereto.
(4) The National Infrastructure Simulation and
Analysis Center of the Department of Energy and the
energy security and assurance program and activities of
the Department, including the functions of the
Secretary of Energy relating thereto.
(5) The Federal Computer Incident Response Center of
the General Services Administration, including the
functions of the Administrator of General Services
relating thereto.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR
SCIENCE AND TECHNOLOGY.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the responsibility for--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions;
(2) developing, in consultation with other
appropriate executive agencies, a national policy and
strategic plan for, identifying priorities, goals,
objectives and policies for, and coordinating the
Federal Government's civilian efforts to identify and
develop countermeasures to chemical, biological,, and
other emerging terrorist threats, including the
development of comprehensive, research-based definable
goals for such efforts and development of annual
measurable objectives and specific targets to
accomplish and evaluate the goals for such efforts;
(3) supporting the Under Secretary for Intelligence
and Analysis and the Assistant Secretary for
Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research,
development, demonstration, testing, and evaluation
activities that are relevant to any or all elements of
the Department, through both intramural and extramural
programs, except that such responsibility does not
extend to human health-related research and development
activities;
(5) establishing priorities for, directing, funding,
and conducting national research, development, test and
evaluation, and procurement of technology and systems
for--
(A) preventing the importation of chemical,
biological,, and related weapons and material;
and
(B) detecting, preventing, protecting
against, and responding to terrorist attacks;
(6) establishing a system for transferring homeland
security developments or technologies to Federal,
State, local government, and private sector entities;
(7) entering into work agreements, joint
sponsorships, contracts, or any other agreements with
the Department of Energy regarding the use of the
national laboratories or sites and support of the
science and technology base at those facilities;
(8) collaborating with the Secretary of Agriculture
and the Attorney General as provided in section 212 of
the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401), as amended by section 1709(b);
(9) collaborating with the Secretary of Health and
Human Services and the Attorney General in determining
any new biological agents and toxins that shall be
listed as ``select agents'' in Appendix A of part 72 of
title 42, Code of Federal Regulations, pursuant to
section 351A of the Public Health Service Act (42
U.S.C. 262a);
(10) supporting United States leadership in science
and technology;
(11) establishing and administering the primary
research and development activities of the Department,
including the long-term research and development needs
and capabilities for all elements of the Department;
(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department;
(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;
[(13)] (14) coordinating with other appropriate
executive agencies in developing and carrying out the
science and technology agenda of the Department to
reduce duplication and identify unmet needs; and
[(14)] (15) developing and overseeing the
administration of guidelines for merit review of
research and development projects throughout the
Department, and for the dissemination of research
conducted or sponsored by the Department.
* * * * * * *
SEC. 307. HOMELAND SECURITY ADVANCED RESEARCH PROJECTS AGENCY.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Acceleration
Fund for Research and Development of Homeland Security
Technologies established in subsection (c).
(2) Homeland security research.--The term ``homeland
security research'' means research relevant to the
detection of, prevention of, protection against,
response to, attribution of, and recovery from homeland
security threats, particularly acts of terrorism.
(3) HSARPA.--The term ``HSARPA'' means the Homeland
Security Advanced Research Projects Agency established
in subsection (b).
(4) Under secretary.--The term ``Under Secretary''
means the Under Secretary for Science and Technology.
(b) Homeland Security Advanced Research Projects Agency.--
(1) Establishment.--There is established the Homeland
Security Advanced Research Projects Agency.
(2) Director.--HSARPA shall be headed by a Director,
who shall be appointed by the Secretary. The Director
shall report to the Under Secretary.
(3) Responsibilities.--The Director shall administer
the Fund to award competitive, merit-reviewed grants,
cooperative agreements or contracts to public or
private entities, including businesses, federally
funded research and development centers, and
universities. The Director shall administer the Fund
to--
(A) support basic and applied homeland
security research to promote revolutionary
changes in technologies that would promote
homeland security;
(B) advance the development, testing and
evaluation, and deployment of critical homeland
security technologies;
(C) accelerate the prototyping and deployment
of technologies that would address homeland
security vulnerabilities; and
(D) conduct research and development for the
purpose of advancing technology for the
investigation of child exploitation crimes,
including child victim identification,
trafficking in persons, and child pornography,
and for advanced forensics.
(4) Targeted competitions.--The Director may solicit
proposals to address specific vulnerabilities
identified by the Director.
(5) Coordination.--The Director shall ensure that the
activities of HSARPA are coordinated with those of
other relevant research agencies, and may run projects
jointly with other agencies.
(6) Personnel.--In hiring personnel for HSARPA, the
Secretary shall have the hiring and management
authorities described 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). The
term of appointments for employees under subsection
(c)(1) of that section may not exceed 5 years before
the granting of any extension under subsection (c)(2)
of that section.
(7) Demonstrations.--The Director, periodically,
shall hold homeland security technology demonstrations
to improve contact among technology developers, vendors
and acquisition personnel.
(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.
(c) Fund.--
(1) Establishment.--There is established the
Acceleration Fund for Research and Development of
Homeland Security Technologies, which shall be
administered by the Director of HSARPA.
(2) Authorization of appropriations.--There are
authorized to be appropriated $500,000,000 to the Fund
for fiscal year 2003 and such sums as may be necessary
thereafter.
(3) Coast guard.--Of the funds authorized to be
appropriated under paragraph (2), not less than 10
percent of such funds for each fiscal year through
fiscal year 2005 shall be authorized only for the Under
Secretary, through joint agreement with the Commandant
of the Coast Guard, to carry out research and
development of improved ports, waterways and coastal
security surveillance and perimeter protection
capabilities for the purpose of minimizing the
possibility that Coast Guard cutters, aircraft,
helicopters, and personnel will be diverted from non-
homeland security missions to the ports, waterways and
coastal security mission.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 516. CHIEF MEDICAL OFFICER.
(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President.
(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and
knowledge of medicine and public health.
(c) Responsibilities.--The Chief Medical Officer shall have
the primary responsibility within the Department for medical
issues related to natural disasters, including the health
impacts of chemical, biological, radiological, and nuclear
agents and explosives, acts of terrorism, and other man-made
disasters, including--
(1) serving as the principal advisor to the Secretary
and the Administrator on medical and public health
issues;
[(2) coordinating the biodefense activities of the
Department;]
(2) coordinating the Department's policy, strategy,
and preparedness for pandemics and emerging infectious
diseases;
(3) ensuring internal and external coordination of
all medical preparedness and response activities of the
Department, including training, exercises, and
equipment support;
(4) serving as the Department's primary point of
contact with the Department of Agriculture, the
Department of Defense, the Department of Health and
Human Services, the Department of Transportation, the
Department of Veterans Affairs, and other Federal
departments or agencies, on medical and public health
issues;
(5) serving as the Department's primary point of
contact for State, local, and tribal governments, the
medical community, and others within and outside the
Department, with respect to medical and public health
matters;
(6) discharging, in coordination with the [Under
Secretary for Science and Technology] Assistant
Secretary for the Chemical, Biological, Radiological,
Nuclear, and Explosives Office, the responsibilities of
the Department related to Project Bioshield; and
(7) performing such other duties relating to such
responsibilities as the Secretary may require.
* * * * * * *
TITLE XIX-- [DOMESTIC NUCLEAR DETECTION OFFICE] NUCLEAR DIVISION
SEC. 1901. [DOMESTIC NUCLEAR DETECTION OFFICE] NUCLEAR DIVISION.
(a) Establishment.--[There shall be established in the
Department a Domestic Nuclear Detection Office] There is in the
Department a Nuclear Division, located in the CBRNE Office
(referred to in this title as the ``Office''). The Secretary
may request that the Secretary of Defense, the Secretary of
Energy, the Secretary of State, the Attorney General, the
Nuclear Regulatory Commission, and the directors of other
Federal agencies, including elements of the Intelligence
Community, provide for the reimbursable detail of personnel
with relevant expertise to the Office.
(b) Director.--The Office shall be headed by a [Director for
Domestic Nuclear Detection, who shall be appointed by the
President] Director of the Nuclear Division.
SEC. 1902. MISSION OF OFFICE.
(a) Mission.--The Office shall 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]
protecting against attack using such devices or materials
against the people, territory, or interests of the United
States and, to this end, shall--
(1) serve as the primary entity of the United States
Government to further develop, acquire, and support the
deployment of an enhanced domestic system to detect and
report on attempts to import, possess, store,
transport, develop, or use an unauthorized nuclear
explosive device, fissile material, or radiological
material in the United States, and improve that system
over time;
(2) enhance and coordinate the nuclear detection
efforts of Federal, State, local, and tribal
governments and the private sector to ensure a managed,
coordinated response;
(3) establish, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Energy,
additional protocols and procedures for use within the
United States to ensure that the detection of
unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported
to the Attorney General, the Secretary, the Secretary
of Defense, the Secretary of Energy, and other
appropriate officials or their respective designees for
appropriate action by law enforcement, military,
emergency response, or other authorities;
(4) develop, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, an enhanced global nuclear
detection architecture with implementation under
which--
(A) the Office will be responsible for the
implementation of the domestic portion of the
global architecture;
(B) the Secretary of Defense will retain
responsibility for implementation of Department
of Defense requirements within and outside the
United States; and
(C) the Secretary of State, the Secretary of
Defense, and the Secretary of Energy will
maintain their respective responsibilities for
policy guidance and implementation of the
portion of the global architecture outside the
United States, which will be implemented
consistent with applicable law and relevant
international arrangements;
(5) ensure that the expertise necessary to accurately
interpret detection data is made available in a timely
manner for all technology deployed by the Office to
implement the global nuclear detection architecture;
(6) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and
transformational program of research and development to
generate and improve technologies to detect and prevent
the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive
device or fissile or radiological material, and
coordinate with the Under Secretary for Science and
Technology on basic and advanced or transformational
research and development efforts relevant to the
mission of both organizations;
(7) carry out a program to test and evaluate
technology for detecting a nuclear explosive device and
fissile or radiological material, in coordination with
the Secretary of Defense and the Secretary of Energy,
as appropriate, and establish performance metrics for
evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or
material--
(A) under realistic operational and
environmental conditions; and
(B) against realistic adversary tactics and
countermeasures;
(8) support and enhance the effective sharing and use
of appropriate information generated by the
intelligence community, law enforcement agencies,
counterterrorism community, other government agencies,
and foreign governments, as well as provide appropriate
information to such entities;
(9) further enhance and maintain continuous awareness
by analyzing information from all Office mission-
related detection systems;
(10) lead the development and implementation of the
national strategic five-year plan for improving the
nuclear forensic and attribution capabilities of the
United States required under section 1036 of the
National Defense Authorization Act for Fiscal Year
2010;
(11) establish, within the [Domestic Nuclear
Detection Office] Nuclear Division, the National
Technical Nuclear Forensics Center to provide
centralized stewardship, planning, assessment, gap
analysis, exercises, improvement, and integration for
all Federal nuclear forensics and attribution
activities--
(A) to ensure an enduring national technical
nuclear forensics capability to strengthen the
collective response of the United States to
nuclear terrorism or other nuclear attacks; and
(B) to coordinate and implement the national
strategic five-year plan referred to in
paragraph (10);
(12) establish a National Nuclear Forensics Expertise
Development Program, which--
(A) is devoted to developing and maintaining
a vibrant and enduring academic pathway from
undergraduate to post-doctorate study in
nuclear and geochemical science specialties
directly relevant to technical nuclear
forensics, including radiochemistry,
geochemistry, nuclear physics, nuclear
engineering, materials science, and analytical
chemistry;
(B) shall--
(i) make available for undergraduate
study student scholarships, with a
duration of up to 4 years per student,
which shall include, if possible, at
least 1 summer internship at a national
laboratory or appropriate Federal
agency in the field of technical
nuclear forensics during the course of
the student's undergraduate career;
(ii) make available for doctoral
study student fellowships, with a
duration of up to 5 years per student,
which shall--
(I) include, if possible, at
least 2 summer internships at a
national laboratory or
appropriate Federal agency in
the field of technical nuclear
forensics during the course of
the student's graduate career;
and
(II) require each recipient
to commit to serve for 2 years
in a post-doctoral position in
a technical nuclear forensics-
related specialty at a national
laboratory or appropriate
Federal agency after
graduation;
(iii) make available to faculty
awards, with a duration of 3 to 5 years
each, to ensure faculty and their
graduate students have a sustained
funding stream; and
(iv) place a particular emphasis on
reinvigorating technical nuclear
forensics programs while encouraging
the participation of undergraduate
students, graduate students, and
university faculty from historically
Black colleges and universities,
Hispanic-serving institutions, Tribal
Colleges and Universities, Asian
American and Native American Pacific
Islander-serving institutions, Alaska
Native-serving institutions, and
Hawaiian Native-serving institutions;
and
(C) shall--
(i) provide for the selection of
individuals to receive scholarships or
fellowships under this section through
a competitive process primarily on the
basis of academic merit and the nuclear
forensics and attribution needs of the
United States Government;
(ii) provide for the setting aside of
up to 10 percent of the scholarships or
fellowships awarded under this section
for individuals who are Federal
employees to enhance the education of
such employees in areas of critical
nuclear forensics and attribution needs
of the United States Government, for
doctoral education under the
scholarship on a full-time or part-time
basis;
(iii) provide that the Secretary may
enter into a contractual agreement with
an institution of higher education
under which the amounts provided for a
scholarship under this section for
tuition, fees, and other authorized
expenses are paid directly to the
institution with respect to which such
scholarship is awarded;
(iv) require scholarship recipients
to maintain satisfactory academic
progress; and
(v) require that--
(I) a scholarship recipient
who fails to maintain a high
level of academic standing, as
defined by the Secretary, who
is dismissed for disciplinary
reasons from the educational
institution such recipient is
attending, or who voluntarily
terminates academic training
before graduation from the
educational program for which
the scholarship was awarded
shall be liable to the United
States for repayment within 1
year after the date of such
default of all scholarship
funds paid to such recipient
and to the institution of
higher education on the behalf
of such recipient, provided
that the repayment period may
be extended by the Secretary if
the Secretary determines it
necessary, as established by
regulation; and
(II) a scholarship recipient
who, for any reason except
death or disability, fails to
begin or complete the post-
doctoral service requirements
in a technical nuclear
forensics-related specialty at
a national laboratory or
appropriate Federal agency
after completion of academic
training shall be liable to the
United States for an amount
equal to--
(aa) the total amount
of the scholarship
received by such
recipient under this
section; and
(bb) the interest on
such amounts which
would be payable if at
the time the
scholarship was
received such
scholarship was a loan
bearing interest at the
maximum legally
prevailing rate;
(13) provide an annual report to Congress on the
activities carried out under paragraphs (10), (11), and
(12); and
(14) perform other duties as assigned by the
Secretary.
(b) Definitions.--In this section:
(1) Alaska native-serving institution.--The term
``Alaska Native-serving institution'' has the meaning
given the term in section 317 of the Higher Education
Act of 1965 (20 U.S.C. 1059d).
(2) Asian american and native american pacific
islander-serving institution.--The term ``Asian
American and Native American Pacific Islander-serving
institution'' has the meaning given the term in section
320 of the Higher Education Act of 1965 (20 U.S.C.
1059g).
(3) Hawaiian native-serving institution.--The term
``Hawaiian native-servinginstitution'' has the meaning
given the term in section 317 of the Higher Education
Act of 1965 (20 U.S.C. 1059d).
(4) Hispanic-serving institution.--The term
``Hispanic-serving institution'' has the meaning given
that term in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a).
(5) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
(6) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given that term
in section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c(b)).
[SEC. 1903. HIRING AUTHORITY.
[In hiring personnel for the 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). The term of appointments
for employees under subsection (c)(1) of such section may not
exceed 5 years before granting any extension under subsection
(c)(2) of such section.]
* * * * * * *
SEC. 1906. CONTRACTING AND GRANT MAKING AUTHORITIES.
The Secretary, acting through the Director for [Domestic
Nuclear Detection] the Nuclear Division, in carrying out the
responsibilities under [paragraphs (6) and (7) of] section
1902(a), shall--
(1) operate extramural and intramural programs and
distribute funds through grants, cooperative
agreements, and other transactions and contracts;
(2) ensure that activities under [paragraphs (6) and
(7) of] section 1902(a) include investigations of
radiation detection equipment in configurations
suitable for deployment at seaports, which may include
underwater or water surface detection equipment and
detection equipment that can be mounted on cranes and
straddle cars used to move shipping containers; and
(3) have the authority to establish or contract with
1 or more federally funded research and development
centers to provide independent analysis of homeland
security issues and carry out other responsibilities
under this title.
SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR DETECTION
ARCHITECTURE.
(a) [Annual]Biennial Review.--
(1) In general.--The Secretary, the Attorney General,
the Secretary of State, the Secretary of Defense, the
Secretary of Energy, and the Director of National
Intelligence shall jointly ensure interagency
coordination on the development and implementation of
the global nuclear detection architecture by ensuring
that, not less frequently than once [each year] every
two years--
(A) each relevant agency, office, or entity--
(i) assesses its involvement,
support, and participation in the
development, revision, and
implementation of the global nuclear
detection architecture; and
(ii) examines and evaluates
components of the global nuclear
detection architecture (including
associated strategies and acquisition
plans) relating to the operations of
that agency, office, or entity, to
determine whether such components
incorporate and address current threat
assessments, scenarios, or intelligence
analyses developed by the Director of
National Intelligence or other agencies
regarding threats relating to nuclear
or radiological weapons of mass
destruction;
(B) each agency, office, or entity deploying
or operating any nuclear or radiological
detection technology under the global nuclear
detection architecture--
(i) evaluates the deployment and
operation of nuclear or radiological
detection technologies under the global
nuclear detection architecture by that
agency, office, or entity;
(ii) identifies performance
deficiencies and operational or
technical deficiencies in nuclear or
radiological detection technologies
deployed under the global nuclear
detection architecture; and
(iii) assesses the capacity of that
agency, office, or entity to implement
the responsibilities of that agency,
office, or entity under the global
nuclear detection architecture; and
(C) the Director of the Domestic Nuclear
Detection Office and each of the relevant
departments that are partners in the National
Technical Forensics Center--
(i) include, as part of the
assessments, evaluations, and reviews
required under this paragraph, each
office's or department's activities and
investments in support of nuclear
forensics and attribution activities
and specific goals and objectives
accomplished during the [previous year]
previous two years pursuant to the
national strategic five-year plan for
improving the nuclear forensic and
attribution capabilities of the United
States required under section 1036 of
the National Defense Authorization Act
for Fiscal Year 2010;
(ii) attaches, as an appendix to the
Joint Interagency [Annual] Biennial
Review, the most current version of
such strategy and plan; and
(iii) includes a description of new
or amended bilateral and multilateral
agreements and efforts in support of
nuclear forensics and attribution
activities accomplished during the
[previous year] previous two years.
(2) Technology.--Not less frequently than once [each
year] every two years, the Secretary shall examine and
evaluate the development, assessment, and acquisition
of radiation detection technologies deployed or
implemented in support of the domestic portion of the
global nuclear detection architecture.
(b) [Annual]Biennial Report on Joint Interagency Review.--
(1) In general.--Not later than March 31 of each odd-
numbered year, the Secretary, the Attorney General, the
Secretary of State, the Secretary of Defense, the
Secretary of Energy, and the Director of National
Intelligence, shall jointly submit a report regarding
the implementation of this section and the results of
the reviews required under subsection (a) to--
(A) the President;
(B) the Committee on Appropriations, the
Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Homeland Security and Governmental Affairs of
the Senate; and
(C) the Committee on Appropriations, the
Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee
on Homeland Security, and the Committee on
Science and Technology of the House of
Representatives.
(2) Form.--The [annual] biennial report submitted
under paragraph (1) shall be submitted in unclassified
form to the maximum extent practicable, but may include
a classified annex.
(c) Definition.--In this section, the term ``global nuclear
detection architecture'' means the global nuclear detection
architecture developed under section 1902.
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.
* * * * * * *
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.
(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, 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.
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.
(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.
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.
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.
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.
ADDITIONAL VIEWS
On Wednesday, November 4, 2015, the Committee on Homeland
Security approved, H.R. 3875, the ``Department of Homeland
Security CBRNE Defense Act of 2015,'' as amended. While I
remain skeptical about the reorganization scheme advanced by
the Department of Homeland Security (DHS) and H.R. 3875, I am
pleased that the Committee accepted an amendment I offered to
make key refinements to the legislation to address some of my
concerns.
Pursuant to the explanatory statement accompanying the
``Consolidated and Further Continuing Appropriations Act,
2013'' [P.L. 113-6], DHS was directed to ``to ensure clear
assignment of responsibilities and unrestricted lines of
communication both within the Department and in DHS engagement
with the interagency and intergovernmental community'' and ``to
undertake an in-depth review of its organization, operations,
and communications in carrying out its WMD programs, to include
an evaluation of potential improvements in performance and
possible savings in costs that might be gained by consolidation
of current organizations and missions.'' The Department was
required to submit the results of its review to Congress by
September 1, 2013.
Subsequently, I wrote to the Government Accountability
Office (GAO) in April 2013 and requested that it assess whether
and how the Department should realign its programs related to
chemical, biological, radiological, nuclear, and explosives
(CBRNE) threats. I would note that, prior to enactment of P.L.
113-6, the report language attached to the House appropriation
package directed GAO to ``review the Department's submission
and provide an assessment of whether and how proposed changes
would improve DHS coordination with the interagency on WMD
defense issues.''\1\
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\1\Report language accompanying H.R. 5855, the ``Department of
Homeland Security Appropriations Act, 2013'' (H. Rept. 112-492), which
served as the basis for the explanatory statement accompanying P.L.
113-6.
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GAO, however, could not begin work until the Department
submitted the findings of its review to Congress.
In June of this year, the Department transmitted the
findings of its WMD programs review--nearly two years behind
schedule. Although the report proposed consolidating the Office
of Health Affairs (OHA), the Domestic Nuclear Detection Office
(DNDO), elements of the Science and Technology Directorate
(S&T), the Office of Bombing and Explosives, and some staff
from the Office of Policy, details as to why consolidation of
these programs was appropriate and how it would improve the
execution of the WMD mission were scant. In the Committee's
subsequent discussions with the Department, DHS stated that it
did not anticipate cost savings from this reorganization and
did not say that this reorganization is necessary to make the
troubled BioWatch program or the long-suffering National
Biosurveillance Integration Center effective.
Last month, the Committee was informed by GAO that it has
begun its work to evaluate the Department's proposal and a
final report is expected to be delivered in five to six months.
Subsequently, I communicated to the Majority my belief that the
Department and, for that matter, this Committee would benefit
from waiting a few months to commence consideration of
legislation to establish a CBRNE office so that GAO's findings
can be evaluated and integrated.
On October 28, 2015, the Blue Ribbon Study Panel on
Biodefense, chaired by former Secretary of Homeland Security
Tom Ridge and former Senator Joe Lieberman, released a report
making over 30 recommendations on improving the nation's
biodefense capabilities. Those recommendations should have
informed this legislation, particularly those that involve two
of DHS's signature biodetection and biosurveillance programs--
BioWatch and the National Biosurveillance Integration Center
(NBIC).
However, because the Full Committee moved forward with
consideration of H.R. 3875 just one day after the Committee
received testimony from the leaders of the Blue Ribbon Study
Panel on Biodefense, that was not possible. The Full Committee
bypassed regular order to hastily consider H.R. 3875 with no
time to evaluate the Blue Ribbon Study Panel recommendations
and without the benefit of considering GAO's forthcoming review
of DHS' proposal.
One of the chief arguments in favor of this proposed
reorganization has been the need to bring DHS in line with
other Federal agencies that have consolidated their WMD
activities. We came to learn in meetings prior to consideration
of this legislation that CBRNE activities have not, in fact,
been fully consolidated at other Federal agencies, including
the Department of Defense. I would also note that the
reorganization called for under H.R. 3875 would not fully
consolidate CBRNE activities at DHS. Indeed, CBRNE activities
will continue at the Federal Emergency Management Agency, the
National Programs and Protection Directorate, and the Science
and Technology Directorate.
H.R. 3875 does not alter DHS' responsibilities with respect
to CBRNE risks. Rather, it alters how the men and women who are
charged with addressing these risks are organized. While the
Majority correctly observes in the report accompanying H.R.
3875 that the Committee has done years of oversight of DHS'
activities in the CBRNE mission space, it is hard to see how
H.R. 3875 reflects that oversight. This Committee has
identified problems DHS has experienced gaining and analyzing
biosurveillence data within NBIC and serious acquisitions
challenges at OHA and DNDO. H.R. 3875 does nothing to tackle
these challenges. Instead, it places its energy on pushing
together organizations that have historically struggled to
carry out their missions and have achieved varying levels of
success in addressing the challenges this Committee has
identified through its oversight.
I authored an amendment making important improvements to
the underlying bill to stave off some of the potential problems
that the kind of reorganization called for under H.R. 3875 can
cause. My amendment, which was accepted, included language that
underscored my belief that a far more likely outcome than this
reorganization generating cost savings is that it will
necessitate new expenditure--particularly the provision of
retention bonuses to highly skilled, much-sought-after nuclear
and biodefense experts who otherwise would leave DHS because of
their lowered position and reduced prospects for advancement.
In any merger, there are perceived ``winners'' and
``losers'' within each organization involved. It is
unreasonable to expect anything different with this
reorganization. That said, DHS is not just any organization or
company. It is responsible for keeping our country secure from
a broad array of threats. As a Nation, we cannot afford to have
focus and attention towards the CBRNE mission diminished as a
result of the unavoidable staff upheaval and infighting that
come with a reorganization of this order.
My amendment seeks to protect the role of the Chief Medical
Officer as a leader within the Department on public health and
medical issues. This Committee worked in a bipartisan manner in
2007 to authorize the Chief Medical Officer position to, among
other things, serve as the principal advisor to the DHS
Secretary and FEMA Administrator on medical and public health
issues. Moreover, my amendment preserves this key advisory
role, even as the Chief Medical Officer's budget, personnel,
and resources get folded into this new office. Moreover, it
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.
Although I am skeptical about advancing the reorganization
mandated by H.R. 3875, particularly at this time of heightened
threat, I am hopeful that it will be successful and will
closely monitor implementation, should H.R. 3875 or any other
such reorganization legislation be enacted into law.
Bennie G. Thompson
[all]