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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3875 Reported in House (RH)]

<DOC>

                                                 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]

_______________________________________________________________________

                                 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.

 

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

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

_______________________________________________________________________

                           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
```