IB 

Union Calendar No. 255 

114TH CONGRESS 

1ST SESSION H. R. 3875 

[Report No. 114–334] 

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. 

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 

NOVEMBER 16, 2015 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 2, 2015] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘De5 partment of Homeland Security CBRNE Defense Act of 

6 2015’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. 

9 SEC. 2. CBRNE OFFICE. 

10 (a) IN GENERAL.—The Homeland Security Act of 

11 2002 is amended by adding at the end the following new 

12 title: 

13 ‘‘TITLE XXII—CBRNE OFFICE 

14 ‘‘Subtitle A—Chemical, Biological, 

15 Radiological, Nuclear, and Ex16 plosives Office 

17 ‘‘SEC. 2201. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NU18 CLEAR, AND EXPLOSIVES OFFICE. 

19 ‘‘(a) ESTABLISHMENT.—There is established in the De20 partment a Chemical, Biological, Radiological, Nuclear, 

21 and Explosives Office (referred to in this title as the 


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1 ‘CBRNE Office’). The CBRNE Office shall be comprised of 

2 the Chemical Division, the Biological Division, the Nuclear 

3 Division, and the Explosives Division. The CBRNE Office 

4 may include a Health Division. 

5 ‘‘(b) MISSION OF OFFICE.—The mission of the CBRNE 

6 Office is to coordinate, strengthen, and provide chemical, 

7 biological, radiological, nuclear, and explosives (CBRNE) 

8 capabilities in support of homeland security. 

9 ‘‘(c) ASSISTANT SECRETARY.—The Office shall be 

10 headed by an Assistant Secretary for the Chemical, Biologi11 cal, Radiological, Nuclear, and Explosives Office (referred 

12 to in this title as the ‘Assistant Secretary’), who shall be 

13 appointed by the President by and with the advice and con14 sent of the Senate. 

15 ‘‘(d) RESPONSIBILITIES.—The Assistant Secretary 

16 shall— 

17 ‘‘(1) develop, coordinate, and maintain overall 

18 CBRNE strategy and policy for the Department; 

19 ‘‘(2) develop, coordinate, and maintain for the 

20 Department periodic CBRNE risk assessments; 

21 ‘‘(3) serve as the primary Department represent22 ative for coordinating CBRNE activities with other 

23 Federal departments and agencies; 

24 ‘‘(4) provide oversight for the Department’s pre25 paredness for CBRNE threats; 


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1 ‘‘(5) provide support for operations during 

2 CBRNE threats or incidents; and 

3 ‘‘(6) carry out such other responsibilities as the 

4 Secretary determines appropriate, consistent with this 

5 title. 

6 ‘‘(e) OTHER OFFICERS.—The Director of the Chemical 

7 Division, the Director of the Biological Division, the Direc8 tor of the Nuclear Division, and the Director of the Explo9 sives Division shall report directly to the Assistant Sec10 retary. 

11 ‘‘SEC. 2202. COMPOSITION OF THE CBRNE OFFICE. 

12 ‘‘The Secretary shall transfer to the CBRNE Office, the 

13 functions, personnel, budget authority, and assets of the fol14 lowing: 

15 ‘‘(1) The Office of Health Affairs as in existence 

16 on the day before the date of the enactment of this 

17 title, including the Chief Medical Officer authorized 

18 under section 516, and the National Biosurveillance 

19 Integration Center authorized under section 316. 

20 ‘‘(2) The Domestic Nuclear Detection Office au21 thorized under title XIX, as in existence on the date 

22 before the date of the enactment of this title (and re23 designated as the Nuclear Division). 


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1 ‘‘(3) CBRNE threat awareness and risk assess2 ment activities of the Science and Technology Direc3 torate. 

4 ‘‘(4) The CBRNE functions of the Office of Pol5 icy and the Office of Operations Coordination. 

6 ‘‘(5) The Office for Bombing Prevention of the 

7 National Protection and Programs Directorate, as in 

8 existence on the day before the date of the enactment 

9 of this title. 

10 ‘‘SEC. 2203. HIRING AUTHORITY. 

11 ‘‘In hiring personnel for the CBRNE Office, the Sec12 retary shall have the hiring and management authorities 

13 provided in section 1101 of the Strom Thurmond National 

14 Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 

15 3104 note; Public Law 105–261), except that the term of 

16 appointments for employees under subsection (c)(1) of such 

17 section may not exceed five years before granting any exten18 sion under subsection (c)(2) of such section. 

19 ‘‘SEC. 2204. GRANTS, COOPERATIVE AGREEMENTS, AND 

20 OTHER TRANSACTIONS AND CONTRACTS. 

21 ‘‘The Assistant Secretary, in carrying out the respon22 sibilities under this title, may distribute funds through 

23 grants, cooperative agreements, and other transactions and 

24 contracts. 


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1 ‘‘SEC. 2205. TERRORISM RISK ASSESSMENTS. 

2 ‘‘(a) TERRORISM RISK ASSESSMENTS.— 

3 ‘‘(1) IN GENERAL.—The Assistant Secretary 

4 shall, in coordination with relevant Department com5 ponents and other appropriate Federal departments 

6 and agencies, develop, coordinate, and update periodi7 cally terrorism risk assessments of chemical, biologi8 cal, radiological, and nuclear threats. 

9 ‘‘(2) COMPARISON.—The Assistant Secretary 

10 shall develop, coordinate, and update periodically an 

11 integrated terrorism risk assessment that assesses all 

12 of the threats referred to in paragraph (1) and, as ap13 propriate, explosives threats, and compares each such 

14 threat against one another according to their relative 

15 risk. 

16 ‘‘(3) INCLUSION IN ASSESSMENT.—Each ter17 rorism risk assessment under this subsection shall in18 clude a description of the methodology used for each 

19 such assessment. 

20 ‘‘(4) UPDATES.—Each terrorism risk assessment 

21 under this subsection shall be updated not less often 

22 than once every two years. 

23 ‘‘(5) PROVISION TO CONGRESS.—The Assistant 

24 Secretary shall provide a copy of each risk assessment 

25 under this subsection to the Committee on Homeland 

26 Security of the House of Representatives and the 


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1 Committee on Homeland Security and Governmental 

2 Affairs of the Senate not later than 30 days after 

3 completion of each such assessment. 

4 ‘‘(b) METHODOLOGY.—In developing the terrorism risk 

5 assessments under subsection (a), the Assistant Secretary, 

6 in consultation with appropriate Federal departments and 

7 agencies, shall— 

8 ‘‘(1) assess the proposed methodology to be used 

9 for such assessments; and 

10 ‘‘(2) consider the evolving threat to the United 

11 States as indicated by the intelligence community (as 

12 such term is defined in section 3(4) of the National 

13 Security Act of 1947 (50 U.S.C. 3003(4))). 

14 ‘‘(c) USAGE.—The terrorism risk assessments required 

15 under subsection (a) shall be used to inform and guide allo16 cation of resources for chemical, biological, radiological, 

17 and nuclear threat activities of the Department. 

18 ‘‘(d) INPUT AND SHARING.—The Assistant Secretary 

19 shall, for each terrorism risk assessment under subsection 

20 (a)— 

21 ‘‘(1) seek input from national stakeholders and 

22 other Federal, State, local, tribal, and territorial offi23 cials involved in efforts to counter chemical, biologi24 cal, radiological, and nuclear threats; 


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1 ‘‘(2) ensure that written procedures are in place 

2 to guide the development of such assessments, includ3 ing for input, review, and implementation purposes, 

4 among relevant Federal partners; 

5 ‘‘(3) share such assessments with Federal, State, 

6 local, tribal, and territorial officials with appropriate 

7 security clearances and a need for the information in 

8 the classified versions of such assessments; and 

9 ‘‘(4) to the maximum extent practicable, make 

10 available an unclassified version of such assessments 

11 for Federal, State, local, tribal, and territorial offi12 cials involved in prevention and preparedness for 

13 chemical, biological, radiological, and nuclear events. 

14 ‘‘SEC. 2206. CBRNE COMMUNICATIONS AND PUBLIC MES15 SAGING. 

16 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

17 with the Assistant Secretary, shall develop an overarching 

18 risk communication strategy for terrorist attacks and other 

19 high consequence events utilizing chemical, biological, radi20 ological, or nuclear agents or explosives that pose a high 

21 risk to homeland security, and shall— 

22 ‘‘(1) develop threat-specific risk communication 

23 plans, in coordination with appropriate Federal de24 partments and agencies; 


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1 ‘‘(2) develop risk communication messages, in2 cluding pre-scripted messaging to the extent prac3 ticable; 

4 ‘‘(3) develop clearly defined interagency processes 

5 and protocols to assure coordinated risk and incident 

6 communications and information sharing during in7 cident response; 

8 ‘‘(4) engage private and nongovernmental enti9 ties in communications planning, as appropriate; 

10 ‘‘(5) identify ways to educate and engage the 

11 public about CBRNE threats and consequences; 

12 ‘‘(6) develop strategies for communicating using 

13 social and new media; and 

14 ‘‘(7) provide guidance on risk and incident com15 munications for CBRNE events to State, local, tribal, 

16 and territorial governments, and other stakeholders, 

17 as appropriate. 

18 ‘‘(b) COMMUNICATION DURING RESPONSE.—The Sec19 retary shall provide appropriate timely, accurate informa20 tion to the public, governmental partners, the private sector, 

21 and other appropriate stakeholders in the event of a sus22 pected or confirmed terrorist attack or other high con23 sequence event utilizing chemical, biological, radiological, 

24 or nuclear agents or explosives that pose a high risk to 

25 homeland security. 


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1 ‘‘(c) REPORTS.— 

2 ‘‘(1) DEVELOPMENT EFFORTS.—Not later than 

3 120 days after the date of the enactment of this title, 

4 the Secretary shall submit to the Committee on 

5 Homeland Security of the House of Representatives 

6 and the Committee on Homeland Security and Gov7 ernmental Affairs of the Senate a report on current 

8 and future efforts of the Department to develop the 

9 communication strategy required under subsection 

10 (a). 

11 ‘‘(2) FINALIZATION.—Not later than two years 

12 after the date the report required under paragraph 

13 (1) is submitted, the Secretary shall submit to the 

14 Committee on Homeland Security of the House of 

15 Representatives and the Committee on Homeland Se16 curity and Governmental Affairs of the Senate the 

17 communication strategy required under subsection 

18 (a). 

19 ‘‘SEC. 2207. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NU20 CLEAR, AND EXPLOSIVES INTELLIGENCE AND 

21 INFORMATION SHARING. 

22 ‘‘(a) IN GENERAL.—The Under Secretary of Intel23 ligence and Analysis of the Department shall— 

24 ‘‘(1) support homeland security-focused intel25 ligence analysis of terrorist actors, their claims, and 


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1 their plans to conduct attacks involving chemical, bio2 logical, radiological, or nuclear materials or explo3 sives against the United States; 

4 ‘‘(2) support homeland security-focused intel5 ligence analysis of global infectious diseases, public 

6 health, food, agricultural, and veterinary issues; 

7 ‘‘(3) support homeland security-focused risk 

8 analysis and risk assessments of the homeland secu9 rity hazards described in paragraphs (1) and (2) by 

10 providing relevant quantitative and nonquantitative 

11 threat information; 

12 ‘‘(4) leverage existing and emerging homeland se13 curity intelligence capabilities and structures to en14 hance prevention, protection, response, and recovery 

15 efforts with respect to a chemical, biological, radio16 logical, nuclear, or explosives attack; 

17 ‘‘(5) share appropriate information regarding 

18 such threats to appropriate State, local, tribal, and 

19 territorial authorities, as well as other national bio20 security and biodefense stakeholders; and 

21 ‘‘(6) perform other responsibilities, as assigned 

22 by the Secretary. 

23 ‘‘(b) COORDINATION.—Where appropriate, the Under 

24 Secretary of Intelligence and Analysis shall coordinate with 

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1 ing the Assistant Secretary, members of the intelligence 

2 community, including the National Counter Proliferation 

3 Center and the National Counterterrorism Center, and 

4 other Federal, State, local, tribal, and territorial authori5 ties, including officials from high-threat areas, to enable 

6 such entities to provide recommendations on optimal infor7 mation sharing mechanisms, including expeditious sharing 

8 of classified information, and on how such entities can pro9 vide information to the Department. 

10 ‘‘(c) REPORT.— 

11 ‘‘(1) IN GENERAL.—Not later than one year after 

12 the date of the enactment of this section and annually 

13 thereafter, the Secretary shall submit to the Com14 mittee on Homeland Security of the House of Rep15 resentatives and the Committee on Homeland Secu16 rity and Governmental Affairs of the Senate a report 

17 on— 

18 ‘‘(A) the intelligence and information shar19 ing activities under subsections (a) and (b) and 

20 of all relevant entities within the Department to 

21 prevent, protect against, prepare for, respond to, 

22 mitigate, and recover from terrorist attacks and 

23 other high consequence events utilizing chemical, 

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1 plosives that pose a high risk to homeland secu2 rity; and 

3 ‘‘(B) the Department’s activities in accord4 ance with relevant intelligence strategies. 

5 ‘‘(2) ASSESSMENT OF IMPLEMENTATION.—Each 

6 report required under paragraph (1) shall also in7 clude— 

8 ‘‘(A) a description of methods established to 

9 assess progress of the Office of Intelligence and 

10 Analysis in implementing this section; and 

11 ‘‘(B) such assessment of such progress. 

12 ‘‘(d) DEFINITIONS.—In this section: 

13 ‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘in14 telligence community’ has the meaning given such 

15 term in section 3(4) of the National Security Act of 

16 1947 (50 U.S.C. 3003(4)). 

17 ‘‘(2) NATIONAL BIOSECURITY AND BIODEFENSE

18 STAKEHOLDERS.—The term ‘national biosecurity and 

19 biodefense stakeholders’ means officials from Federal, 

20 State, local, tribal, and territorial authorities and in21 dividuals from the private sector who are involved in 

22 efforts to prevent, protect against, prepare for, re23 spond to, mitigate, and recover from a biological at24 tack or other phenomena that may have serious health 


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1 consequences for the United States, including infec2 tious disease outbreaks.’’. 

3 (b) AFTER ACTION AND EFFICIENCIES REVIEW.—Not 

4 later than one year after the date of the enactment of this 

5 Act, the Secretary of Homeland Security, acting through 

6 the Assistant Secretary for the Chemical, Biological, Radio7 logical, Nuclear, and Explosives Office of the Department 

8 of Homeland Security (established pursuant to section 2201 

9 of the Homeland Security Act of 2002, as added by sub10 section (a) of this section), shall submit to the Committee 

11 on Homeland Security of the House of Representatives and 

12 the Committee on Homeland Security and Governmental 

13 Affairs of the Senate a report that— 

14 (1) reviews the functions and responsibilities of 

15 the Chemical, Biological, Radiological, Nuclear, and 

16 Explosives Office of the Department (established pur17 suant to section 2201 of the Homeland Security Act 

18 of 2002, as added by subsection (a) of this section) to 

19 identify and eliminate areas of unnecessary duplica20 tion; 

21 (2) provides a detailed accounting of the man22 agement and administrative expenditures and activi23 ties of the Office, including expenditures related to the 

24 establishment of the CBRNE Office, such as expendi25 tures associated with the utilization of the Secretary’s 


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1 authority to award retention bonuses pursuant to 

2 Federal law; 

3 (3) identifies any potential cost savings and effi4 ciencies within the CBRNE Office or its divisions; 

5 and 

6 (4) identifies opportunities to enhance the effec7 tiveness of the management and administration of the 

8 CBRNE Office to improve operational impact and 

9 enhance efficiencies. 

10 (c) CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR

11 AND EXPLOSIVES RESEARCH AND DEVELOPMENT.— 

12 (1) IN GENERAL.—The Secretary of Homeland 

13 Security shall assess the organizational structure of 

14 the management and execution of the Department of 

15 Homeland Security’s chemical, biological, radio16 logical, nuclear, and explosives research and develop17 ment activities, and shall develop and submit to the 

18 Committee on Homeland Security and the Committee 

19 on Appropriations of the House of Representatives 

20 and the Committee on Homeland Security and Gov21 ernmental Affairs and the Committee on Appropria22 tions of the Senate at the time the President submits 

23 the budget under section 1105 of title 31, United 

24 States Code, for the fiscal year that follows the 

25 issuance of the Comptroller General review required 


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1 pursuant to subsection (d) a proposed organizational 

2 structure for the management and execution of such 

3 chemical, biological, radiological, nuclear, and explo4 sives research and development activities. 

5 (2) ORGANIZATIONAL JUSTIFICATION.—The Sec6 retary of Homeland Security shall include in the as7 sessment required under paragraph (1) a thorough 

8 justification and rationalization for the proposed or9 ganizational structure for management and execution 

10 of chemical, biological, radiological, nuclear, and ex11 plosives research and development activities, includ12 ing the following: 

13 (A) A discussion of the methodology for de14 termining such proposed organizational struc15 ture. 

16 (B) A comprehensive inventory of chemical, 

17 biological, radiological, nuclear, and explosives 

18 research and development activities of the De19 partment of Homeland Security and where each 

20 such activity will be located within or outside 

21 such proposed organizational structure. 

22 (C) Information relating to how such pro23 posed organizational structure will facilitate and 

24 promote coordination and requirements genera25 tion with customers. 


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1 (D) Information relating to how such pro2 posed organizational structure will support the 

3 development of chemical, biological, radiological, 

4 nuclear, and explosives research and development 

5 priorities across the Department. 

6 (E) If the chemical, biological, radiological, 

7 nuclear, and explosives research and development 

8 activities of the Department are not co-located in 

9 such proposed organizational structure, a jus10 tification for such separation. 

11 (F) The strategy for coordination between 

12 the Under Secretary for Science and Technology 

13 and the Assistant Secretary for the Chemical, Bi14 ological, Radiological, Nuclear, and Explosives 

15 Office on chemical, biological, radiological, nu16 clear, and explosives research and development 

17 activities. 

18 (G) Recommendations for necessary statu19 tory changes. 

20 (3) LIMITATION ON ACTION.—The Secretary of 

21 Homeland Security may not take any action to reor22 ganize the structure referred to in paragraph (1) un23 less the Secretary receives prior authorization from 

24 the Committee on Homeland Security of the House of 

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1 curity and Governmental Affairs of the Senate per2 mitting any such action. 

3 (d) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW

4 OF CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND

5 EXPLOSIVES RESEARCH AND DEVELOPMENT ACTIVITIES.— 

6 (1) IN GENERAL.—The Comptroller General of 

7 the United States shall conduct a review of the orga8 nizational structure of the Department of Homeland 

9 Security’s management and execution of chemical, bi10 ological, radiological, nuclear, and explosives research 

11 and development activities. 

12 (2) SCOPE.—The review required under para13 graph (1) shall include the following: 

14 (A) An assessment of the organizational 

15 structure for the management and execution of 

16 chemical, biological, radiological, nuclear, and 

17 explosives research and development activities of 

18 the Department of Homeland Security, including 

19 identification of any overlap or duplication of 

20 effort. 

21 (B) Recommendations to streamline and 

22 improve the organizational structure of the De23 partment’s management and execution of chem24 ical, biological, radiological, nuclear, and explo25 sives research and development activities. 


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1 (3) REPORT.—Not later than two years after the 

2 date of the enactment of this Act, the Comptroller 

3 General shall submit to the Committee on Homeland 

4 Security of the House of Representatives and the 

5 Committee on Homeland Security and Governmental 

6 Affairs of the Senate a report on the review required 

7 under this subsection. 

8 (e) DISSEMINATION OF INFORMATION ANALYZED BY

9 THE DEPARTMENT OF HOMELAND SECURITY TO STATE, 

10 LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH RESPON11 SIBILITIES RELATING TO HOMELAND SECURITY.—Para12 graph (8) of section 201(d) of the Homeland Security Act 

13 of 2002 (6 U.S.C. 121(d)) is amended by striking ‘‘and to 

14 agencies of State’’ and all that follows through the period 

15 at the end and inserting ‘‘to State, local, tribal, territorial, 

16 and appropriate private entities with such responsibilities, 

17 and, as appropriate, to the public, in order to assist in pre18 venting, protecting against, preparing for, responding to, 

19 mitigating, and recovering from terrorist attacks against 

20 the United States.’’. 

21 (f) TECHNICAL AND CONFORMING AMENDMENTS.—The 

22 Homeland Security Act of 2002 is amended— 

23 (1) in paragraph (2) of section 103(a) (6 U.S.C. 

24 113(a)), by striking ‘‘Assistant Secretary for Health 

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1 fairs, or the Assistant Secretary for Public Affairs,’’ 

2 and inserting ‘‘Assistant Secretary for Legislative Af3 fairs or the Assistant Secretary for Public Affairs,’’; 

4 (2) in section 302 (6 U.S.C. 182)— 

5 (A) by redesignating paragraphs (13) and 

6 (14) as paragraphs (14) and (15), respectively; 

7 and 

8 (B) by inserting after paragraph (12) the 

9 following new paragraph: 

10 ‘‘(13) collaborating with the Assistant Secretary 

11 for the Chemical, Biological, Radiological, Nuclear, 

12 and Explosives Office on all chemical, biological, and 

13 explosives research and development activities;’’; 

14 (3) in subsection (b) of section 307 (6 U.S.C. 

15 187), by adding at the end the following new para16 graph: 

17 ‘‘(8) CBRNE DEFENSE.—The Director shall co18 ordinate with the Assistant Secretary for the Chem19 ical, Biological, Radiological, Nuclear, and Explosives 

20 Office on all chemical, biological, and explosives re21 search and development activities.’’; and 

22 (4) in subsection (c) of section 516 (6 U.S.C. 

23 321e)— 

24 (A) in the matter preceding paragraph (1), 

25 by inserting ‘‘, including the health impacts of 


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1 chemical, biological, radiological, and nuclear 

2 agents and explosives’’ after ‘‘natural disasters’’; 

3 (B) by amending paragraph (2) to read as 

4 follows: 

5 ‘‘(2) coordinating the Department’s policy, strat6 egy, and preparedness for pandemics and emerging 

7 infectious diseases;’’; and 

8 (C) in paragraph (6), by striking ‘‘Under 

9 Secretary for Science and Technology’’ and in10 serting ‘‘Assistant Secretary for the Chemical, 

11 Biological, Radiological, Nuclear, and Explosives 

12 Office’’. 

13 SEC. 3. CHEMICAL DIVISION. 

14 (a) IN GENERAL.—Title XXII of the Homeland Secu15 rity Act of 2002, as added by section 2 of this Act, is 

16 amended by adding at the end the following new subtitle: 

17 ‘‘Subtitle B—Chemical Division 

18 ‘‘SEC. 2211. CHEMICAL DIVISION. 

19 ‘‘(a) ESTABLISHMENT.—There is established in the 

20 CBRNE Office a Chemical Division, headed by a Director 

21 of the Chemical Division (in this subtitle referred to as the 

22 ‘Director’). 

23 ‘‘(b) MISSION AND RESPONSIBILITIES.—The Director 

24 shall be responsible for coordinating departmental strategy 

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1 sequence events utilizing chemical agents that pose a high 

2 risk to homeland security, including the following: 

3 ‘‘(1) Developing and maintaining the Depart4 ment’s strategy against chemical threats. 

5 ‘‘(2) Serving as the Department representative 

6 for chemical threats and related activities with other 

7 Federal departments and agencies. 

8 ‘‘(3) Providing oversight of the Department’s 

9 preparedness, including operational requirements, for 

10 chemical threats. 

11 ‘‘(4) Enhancing the capabilities of Federal, 

12 State, local, tribal, and territorial governments, and 

13 private entities as appropriate, against chemical 

14 threats. 

15 ‘‘(5) Evaluating and providing guidance to Fed16 eral, State, local, tribal, and territorial governments, 

17 and private entities as appropriate, on detection and 

18 communication technology that could be effective in 

19 terrorist attacks and other high-consequence events 

20 utilizing chemical agents. 

21 ‘‘(6) Supporting and enhancing the effective 

22 sharing and use of appropriate information generated 

23 by the intelligence community (as such term is de24 fined in section 3(4) of the National Security Act of 

25 1947 (50 U.S.C. 3003(4))), law enforcement agencies, 


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1 other Federal, State, local tribal, and territorial gov2 ernments, and foreign governments, on chemical 

3 threats. 

4 ‘‘SEC. 2212. DEMONSTRATION PROJECTS. 

5 ‘‘(a) IN GENERAL.—The Director may, subject to the 

6 availability of appropriations for such purpose, partner 

7 with high-risk urban areas or facilities to conduct dem8 onstration projects to enhance, through Federal, State, local, 

9 tribal, and territorial governments, and private entities, ca10 pabilities of the United States to counter terrorist attacks 

11 and other high-consequence events utilizing chemical agents 

12 that pose a high risk to homeland security. 

13 ‘‘(b) GOALS.—The Director may provide guidance and 

14 evaluations for all situations and venues at risk of terrorist 

15 attacks and other high-consequence events utilizing chemical 

16 agents, such as at ports, areas of mass gathering, and tran17 sit facilities, and may— 

18 ‘‘(1) ensure all high-risk situations and venues 

19 are studied; and 

20 ‘‘(2) ensure key findings and best practices are 

21 made available to State, local, tribal, and territorial 

22 governments and the private sector. 

23 ‘‘(c) CONGRESSIONAL NOTIFICATION.—The Director 

24 shall notify the Committee on Homeland Security of the 

25 House of Representatives and the Committee on Homeland 


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1 Security and Governmental Affairs of the Senate not later 

2 than 30 days before initiating a new demonstration 

3 project.’’. 

4 (b) REPORT.—Not later than one year after the date 

5 of the enactment of this Act, the Comptroller General of the 

6 United States shall submit to the Committee on Homeland 

7 Security of the House of Representatives and the Committee 

8 on Homeland Security and Governmental Affairs of the 

9 Senate an assessment of the Department of Homeland Secu10 rity’s programs and activities related to terrorist attacks 

11 and other high-consequence events utilizing chemical agents 

12 that pose a high risk to homeland security. 

13 SEC. 4. BIOLOGICAL DIVISION. 

14 Title XXII of the Homeland Security Act of 2002, as 

15 added by section 2 of this Act and as amended by section 

16 3 of this Act, is further amended by adding at the end the 

17 following new subtitle: 

18 ‘‘Subtitle C—Biological Division 

19 ‘‘SEC. 2221. BIOLOGICAL DIVISION. 

20 ‘‘(a) ESTABLISHMENT.—There is established in the 

21 CBRNE Office a Biological Division, headed by a Director 

22 of the Biological Division (in this subtitle referred to as 

23 the ‘Director’). 

24 ‘‘(b) MISSION AND RESPONSIBILITIES.—The Office 

25 shall be responsible for coordinating departmental strategy 


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1 and policy relating to terrorist attacks and other high-con2 sequence events utilizing biological agents that pose a high 

3 risk to homeland security, including the following: 

4 ‘‘(1) Developing and maintaining the Depart5 ment’s strategy against biological threats. 

6 ‘‘(2) Serving as the Department representative 

7 for biological threats and related activities with other 

8 Federal departments and agencies. 

9 ‘‘(3) Providing oversight for the Department’s 

10 preparedness, including operational requirements, for 

11 biological threats. 

12 ‘‘(4) Enhancing the capabilities of Federal, 

13 State, local, tribal, and territorial governments, and 

14 private entities as appropriate, against biological 

15 threats. 

16 ‘‘(5) Supporting and enhancing the effective 

17 sharing and use of appropriate information generated 

18 by the intelligence community (as such term is de19 fined in section 3(4) of the National Security Act of 

20 1947 (50 U.S.C. 3003(4))), law enforcement agencies, 

21 other Federal, State, local, tribal, and territorial gov22 ernments, and foreign governments, on biological 

23 threats. 

24 ‘‘(6) Achieving a biological detection program. 


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1 ‘‘(7) Maintaining the National Biosurveillance 

2 Integration Center, authorized under section 316.’’. 

3 SEC. 5. NUCLEAR DIVISION. 

4 (a) IN GENERAL.—Title XXII of the Homeland Secu5 rity Act of 2002, as added by section 2 of this Act and 

6 as amended by sections 3 and 4 of this Act, is further 

7 amended by adding at the end the following new subtitle: 

8 ‘‘Subtitle D—Nuclear Division 

9 ‘‘SEC. 2231. NUCLEAR DIVISION. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall include 

11 within the CBRNE Office the Nuclear Division under title 

12 XIX, headed by the Director of the Nuclear Division (in 

13 this subtitle referred to as the ‘Director’) pursuant to section 

14 1901. 

15 ‘‘(b) MISSION AND RESPONSIBILITIES.—In addition to 

16 the responsibilities specified in title XIX, the Director shall 

17 also be responsible for coordinating departmental strategy 

18 and policy relating to terrorist attacks and other high-con19 sequence events utilizing nuclear or other radiological mate20 rials, and for coordinating Federal efforts to detect and pro21 tect against the unauthorized importation, possession, stor22 age, transportation, development, or use of a nuclear explo23 sive device, fissile material, or radiological material in the 

24 United States, and to protect against an attack using such 


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1 devices or materials against the people, territory, or inter2 ests of the United States, in accordance with title XIX.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 Title XIX of the Homeland Security Act of 2002 is amend5 ed— 

6 (1) in the title heading, by striking ‘‘DOMES7 TIC NUCLEAR DETECTION OFFICE’’ and 

8 inserting ‘‘NUCLEAR DIVISION’’; 

9 (2) in section 1901 (6 U.S.C. 591)— 

10 (A) in the heading, by striking ‘‘DOMES11 TIC NUCLEAR DETECTION OFFICE’’ and in12 serting ‘‘NUCLEAR DIVISION’’; 

13 (B) in subsection (a), by striking ‘‘There 

14 shall be established in the Department a Domes15 tic Nuclear Detection Office’’ and inserting 

16 ‘‘There is in the Department a Nuclear Division, 

17 located in the CBRNE Office’’; and 

18 (C) in subsection (b), by striking ‘‘Director 

19 for Domestic Nuclear Detection, who shall be ap20 pointed by the President’’ and inserting ‘‘Direc21 tor of the Nuclear Division’’; 

22 (3) in subsection (a) of section 1902 (6 U.S.C. 

23 592)— 

24 (A) in the matter preceding paragraph 

25 (1)— 


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1 (i) by inserting after ‘‘responsible for’’ 

2 the following: ‘‘coordinating departmental 

3 strategy and policy relating to terrorist at4 tacks and other high-consequence events uti5 lizing nuclear or other radiological mate6 rials, and for’’; and 

7 (ii) by striking ‘‘to protect’’ and insert8 ing ‘‘protecting’’; and 

9 (B) in paragraph (11), in the matter pre10 ceding subparagraph (A), by striking ‘‘Domestic 

11 Nuclear Detection Office’’ and inserting ‘‘Nuclear 

12 Division’’; 

13 (4) by repealing section 1903 (6 U.S.C. 593); 

14 (5) in section 1906 (6 U.S.C. 596)— 

15 (A) in the matter preceding paragraph 

16 (1)— 

17 (i) by striking ‘‘Domestic Nuclear De18 tection’’ and inserting ‘‘the Nuclear Divi19 sion’’; and 

20 (ii) by striking ‘‘paragraphs (6) and 

21 (7) of’’; and 

22 (B) in paragraph (2), by striking ‘‘para23 graphs (6) and (7) of’’; 

24 (6) in section 1907 (6 U.S.C. 596a)— 


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1 (A) by striking ‘‘Annual’’ each place it ap2 pears and inserting ‘‘Biennial’’; 

3 (B) by striking ‘‘each year’’ each place it 

4 appears and inserting ‘‘every two years’’; 

5 (C) by striking ‘‘previous year’’ each place 

6 it appears and inserting ‘‘previous two years’’; 

7 (D) in the heading of subsection (a), by 

8 striking ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; 

9 and 

10 (E) subsection (b)— 

11 (i) in the heading, by striking ‘‘AN12 NUAL’’ and inserting ‘‘BIENNIAL’’; 

13 (ii) in paragraph (1), by inserting 

14 ‘‘odd-numbered’’ after ‘‘each’’; and 

15 (iii) in paragraph (2), by striking 

16 ‘‘annual’’ and inserting ‘‘biennial’’; and 

17 (7) by adding at the end the following new sec18 tion: 

19 ‘‘SEC. 1908. DOMESTIC IMPLEMENTATION OF THE GLOBAL 

20 NUCLEAR DETECTION ARCHITECTURE. 

21 ‘‘In carrying out the mission of the Office under sub22 paragraph (A) of section 1902(a)(4), the Director of the Nu23 clear Division shall provide support for planning, organiza24 tion, equipment, training, exercises, and operational assess25 ments to Federal, State, local, tribal, and territorial governVerDate Sep 11 2014 23:45 Nov 16, 2015 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H3875.RH H3875

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1 ments to assist such governments in implementing radio2 logical and nuclear detection capabilities in the event of ter3 rorist attacks or other high-consequence events utilizing nu4 clear or other radiological materials that pose a high risk 

5 to homeland security. Such capabilities shall be integrated 

6 into the enhanced global nuclear detection architecture re7 ferred to in such section 1902(a)(4), and shall inform and 

8 be guided by architecture studies, technology needs, and re9 search activities of the Office.’’. 

10 (c) SAVINGS PROVISION.—The individual serving as of 

11 the date of the enactment of this Act as the Director for 

12 Domestic Nuclear Detection of the Department of Homeland 

13 Security may continue to serve as the Director of the Nu14 clear Division of the Department on and after such date. 

15 (d) REFERENCE.—Any reference in any law, regula16 tion, or rule to the Domestic Nuclear Detection Office or 

17 the Director for Domestic Nuclear Detection of the Depart18 ment of Homeland Security shall be deemed to be a ref19 erence to the Nuclear Division or the Director of the Nuclear 

20 Division, respectively, of the Department. 

21 SEC. 6. EXPLOSIVES DIVISION. 

22 Title XXII of the Homeland Security Act of 2002, as 

23 added by section 2 of this Act and as amended by sections 

24 3, 4, and 5 of this Act, is further amended by adding at 

25 the end the following new subtitle: 


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1 ‘‘Subtitle E—Explosives Division 

2 ‘‘SEC. 2241. EXPLOSIVES DIVISION. 

3 ‘‘(a) ESTABLISHMENT.—There is established within 

4 the CBRNE Office an Explosives Division, headed by a Di5 rector of the Explosives Division (in this subtitle referred 

6 to as the ‘Director’). 

7 ‘‘(b) MISSION AND RESPONSIBILITIES.—The Director 

8 shall be responsible for coordinating departmental strategy 

9 and policy relating to terrorist attacks and other high-con10 sequence events utilizing explosives that pose a high risk 

11 to homeland security, including the following: 

12 ‘‘(1) Developing and maintaining the Depart13 ment’s strategy against explosives threats. 

14 ‘‘(2) Serving as the Department representative 

15 for explosives threats and related activities with other 

16 Federal departments and agencies. 

17 ‘‘(3) Providing oversight of the Department’s 

18 preparedness, including operational requirements, for 

19 explosives threats. 

20 ‘‘(4) Enhancing the capabilities of Federal, 

21 State, local, tribal, and territorial governments, and 

22 private entities as appropriate, to counter terrorist 

23 attacks and other high-consequence events utilizing ex24 plosives. 


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1 ‘‘(5) Evaluating and providing guidance to Fed2 eral, State, local, tribal, and territorial governments 

3 and appropriate private entities on detection and 

4 communication technology that could be effective dur5 ing terrorist attacks or other high-consequence events 

6 utilizing explosives. 

7 ‘‘(6) Supporting and enhancing the effective 

8 sharing and use of appropriate information generated 

9 by the intelligence community (as such term is de10 fined in section 3(4) of the National Security Act of 

11 1947 (50 U.S.C. 3003(4))), law enforcement agencies, 

12 other Federal, State, local, tribal, and territorial gov13 ernment agencies, and foreign governments, on explo14 sives threats.’’. 

15 SEC. 7. SAVINGS PROVISIONS. 

16 Nothing in this Act shall change the authority of the 

17 Administrator of the Federal Emergency Management 

18 Agency to lead the emergency management system of the 

19 United States. Nothing in this Act shall alter the responsi20 bility of the Chief Medical Officer of the Department of 

21 Homeland Security to serve as the principal advisor to the 

22 Secretary of Homeland Security and the Administrator of 

23 the Federal Emergency Management Agency on medical 

24 and public health issues pursuant to paragraph (1) of secVerDate Sep 11 2014 23:45 Nov 16, 2015 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H3875.RH H3875

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1 tion 516(c) of the Homeland Security Act of 2002 (6 U.S.C. 

2 321e(c)). 

3 SEC. 8. CLERICAL AMENDMENTS. 

4 The table of contents in section 1(b) of the Homeland 

5 Security Act of 2002 is amended— 

6 (1) by striking the item relating to title XIX and 

7 inserting the following new item: 

‘‘TITLE XIX—NUCLEAR DIVISION’’; 

8 (2) by striking the item relating to section 1901 

9 and inserting the following new item: 

‘‘Sec. 1901. Nuclear Division.’’; 

10 (3) by striking the item relating to section 1903; 

11 (4) by adding after the item relating to section 

12 1907 the following new item: 

‘‘Sec. 1908. Domestic Implementation of the global nuclear detection architecture.’’; and 

13 (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.’’. 


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‘‘Subtitle D—Nuclear Division 

‘‘Sec. 2231. Nuclear Division.’’. 

‘‘Subtitle E—Explosives Division 

‘‘Sec. 2241. Explosives Division.’’. 


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Union Calendar No. 255 

114TH CONGRESS 

1ST SESSION H. R. 3875 

[Report No. 114–334] 

A BILL 

To amend the Homeland Security Act of 2002 to 

purposes. Nuclear, and Explosives Office, and for other Security a Chemical, Biological, Radiological, establish within the Department of Homeland 

NOVEMBER 16, 2015 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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