H.R. 3875 — Introduced in House

I 114th CONGRESS 1st Session H. R. 3875 IN THE HOUSE OF REPRESENTATIVES November 2, 2015 Mr. McCaul (for himself, Ms. McSally, Mr. Ratcliffe, and Ms. Jackson Lee) introduced the following bill; which was referred to the Committee on Homeland Security A BILL 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. 1. Short title This Act may be cited as the Department of Homeland Security CBRNE Defense Act of 2015. 2. CBRNE Office (a) In general The Homeland Security Act of 2002 is amended by adding at the end the following new title: XXII Chemical, Biological, Radiological, Nuclear, and Explosives Office 2201. CBRNE 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). (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 Chief Medical Officer and the Director for Domestic Nuclear Detection shall report directly to the Assistant Secretary. The Secretary shall appoint appropriate officers to be responsible for coordinating departmental policy and strategy relating to chemical, biological, and explosives threats. 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. (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. 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. 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. 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. 2206. 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) 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 Defense 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 and identifies any potential cost savings and efficiencies for such expenditures and activities of each sub-office; and (3) makes recommendations for adjustments in the management and administration of the 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 for fiscal year 2020 under section 1105 of title 31, United States Code, 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) Concurrent 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 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 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 Department’s management and execution of chemical, biological, radiological, nuclear, and explosives research and development activities. (3) Report Not later than one year 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) 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 activities related to 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 research and development The Director shall coordinate with the Assistant Secretary for the Chemical, Biological, Radiological, Nuclear, and Explosives Office on all activities related to chemical, biological, and explosives research and development activities. ; (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 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) of section 516(c) (6 U.S.C. 321e(c)), by striking Under Secretary for Science and Technology and inserting Assistant Secretary for the Chemical, Biological, Radiological, Nuclear, and Explosives Office; (5) by repealing section 1903 (6 U.S.C. 593); and (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; and (D) in subsection (b)— (i) in paragraph (1), by inserting odd-numbered after each; and (ii) in paragraph (2), by striking annual and inserting biennial. 3. Savings provision Nothing in this Act or the amendments made by 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. 4. Clerical amendments The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding at the end the following: Title XXII—Chemical, Biological, Radiological, Nuclear, and Explosives Office Sec. 2201. CBRNE 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. Chemical, biological, radiological, nuclear, and explosives intelligence and information sharing. .