I 
114TH CONGRESS 
1ST SESSION H. R. 3875 
To amend the Homeland Security Act of 2002 to establish within the Depart-
ment 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 
A BILL 
To amend the Homeland Security Act of 2002 to establish 
within the Department of Homeland Security a Chem-
ical, Biological, Radiological, Nuclear, and Explosives Of-
fice, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Home-
land Security CBRNE Defense Act of 2015’’. 
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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—CHEMICAL, 
BIO-
LOGICAL, RADIOLOGICAL, NU-
CLEAR, AND EXPLOSIVES OF-
FICE 
‘‘SEC. 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, Bio-
logical, Radiological, Nuclear, and Explosives Office (re-
ferred 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— 
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‘‘(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 rep-
resentative 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 re-
port directly to the Assistant Secretary. The Secretary 
shall appoint appropriate officers to be responsible for co-
ordinating departmental policy and strategy relating to 
chemical, biological, and explosives threats. 
‘‘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: 
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‘‘(1) The Office of Health Affairs as in exist-
ence on the day before the date of the enactment of 
this title, including the Chief Medical Officer author-
ized under section 516, and the National Biosurveil-
lance Integration Center authorized under section 
316. 
‘‘(2) The Domestic Nuclear Detection Office 
authorized under title XIX. 
‘‘(3) CBRNE threat awareness and risk assess-
ment activities of the Science and Technology Direc-
torate. 
‘‘(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 enact-
ment of this title. 
‘‘SEC. 2203. HIRING AUTHORITY. 
‘‘In hiring personnel for the CBRNE Office, the Sec-
retary 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 
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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 respon-
sibilities 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 com-
ponents and other appropriate Federal departments 
and agencies, develop, coordinate, and update peri-
odically terrorism risk assessments of chemical, bio-
logical, 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 ter-
rorism risk assessment under this subsection shall 
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include a description of the methodology used for 
each such assessment. 
‘‘(4) UPDATES.—Each terrorism risk assess-
ment 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 assess-
ment under this subsection to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental 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 Sec-
retary, in consultation with appropriate Federal depart-
ments 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 Na-
tional Security Act of 1947 (50 U.S.C. 3003(4))). 
‘‘(c) USAGE.—The terrorism risk assessments re-
quired under subsection (a) shall be used to inform and 
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guide allocation of resources for chemical, biological, radi-
ological, 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 of-
ficials involved in efforts to counter chemical, bio-
logical, radiological, and nuclear threats; 
‘‘(2) ensure that written procedures are in place 
to guide the development of such assessments, in-
cluding for input, review, and implementation pur-
poses, among relevant Federal partners; 
‘‘(3) share such assessments with Federal, 
State, local, tribal, and territorial officials with ap-
propriate security clearances and a need for the in-
formation in the classified versions of such assess-
ments; and 
‘‘(4) to the maximum extent practicable, make 
available an unclassified version of such assessments 
for Federal, State, local, tribal, and territorial offi-
cials involved in prevention and preparedness for 
chemical, biological, radiological, and nuclear events. 
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‘‘SEC. 2206. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NU-
CLEAR, AND EXPLOSIVES INTELLIGENCE AND 
INFORMATION SHARING. 
‘‘(a) IN GENERAL.—The Under Secretary of Intel-
ligence and Analysis of the Department shall— 
‘‘(1) support homeland security-focused intel-
ligence analysis of terrorist actors, their claims, and 
their plans to conduct attacks involving chemical, bi-
ological, radiological, or nuclear materials or explo-
sives against the United States; 
‘‘(2) support homeland security-focused intel-
ligence 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 secu-
rity 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 recov-
ery efforts with respect to a chemical, biological, ra-
diological, nuclear, or explosives attack; 
‘‘(5) share appropriate information regarding 
such threats to appropriate State, local, tribal, and 
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territorial authorities, as well as other national bio-
security 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 intel-
ligence community, including the National Counter Pro-
liferation Center and the National Counterterrorism Cen-
ter, and other Federal, State, local, tribal, and territorial 
authorities, including officials from high-threat areas, to 
enable such entities to provide recommendations on opti-
mal information sharing mechanisms, including expedi-
tious 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— 
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‘‘(A) the intelligence and information shar-
ing 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 accord-
ance 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 
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and biodefense stakeholders’ means officials from 
Federal, State, local, tribal, and territorial authori-
ties and individuals from the private sector who are 
involved in efforts to prevent, protect against, pre-
pare 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 Sec-
retary for the Chemical, Biological, Radiological, Nuclear, 
and Explosives Office of the Department of Homeland Se-
curity (established pursuant to section 2201 of the Home-
land 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 Com-
mittee 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 (estab-
lished pursuant to section 2201 of the Homeland Se-
curity Act of 2002, as added by subsection (a) of 
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this section) to identify and eliminate areas of un-
necessary duplication; 
(2) provides a detailed accounting of the man-
agement and administrative expenditures and activi-
ties 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, NU-
CLEAR
AND EXPLOSIVES RESEARCH
AND DEVELOP-
MENT.— 
(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, radio-
logical, nuclear, and explosives research and develop-
ment activities, and shall develop and submit to the 
Committee on Homeland Security and the Com-
mittee on Appropriations of the House of Represent-
atives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Appro-
priations of the Senate at the time the President 
submits the budget for fiscal year 2020 under sec-
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tion 1105 of title 31, United States Code, a pro-
posed organizational structure for the management 
and execution of such chemical, biological, radio-
logical, nuclear, and explosives research and develop-
ment 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 or-
ganizational structure for management and execu-
tion of chemical, biological, radiological, nuclear, and 
explosives research and development activities, in-
cluding the following: 
(A) A discussion of the methodology for 
determining such proposed organizational struc-
ture. 
(B) A comprehensive inventory of chem-
ical, biological, radiological, nuclear, and explo-
sives research and development activities of the 
Department of Homeland Security and where 
each such activity will be located within or out-
side such proposed organizational structure. 
(C) Information relating to how such pro-
posed organizational structure will facilitate and 
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promote coordination and requirements genera-
tion with customers. 
(D) Information relating to how such pro-
posed organizational structure will support the 
development of chemical, biological, radiological, 
nuclear, and explosives research and develop-
ment priorities across the Department. 
(E) If the chemical, biological, radiological, 
nuclear, and explosives research and develop-
ment activities of the Department are not co-lo-
cated in such proposed organizational structure, 
a justification for such separation. 
(F) The strategy for coordination between 
the Under Secretary for Science and Tech-
nology and the Assistant Secretary for the 
Chemical, Biological, Radiological, Nuclear, and 
Explosives Office on chemical, biological, radio-
logical, nuclear, and explosives research and de-
velopment activities. 
(G) Recommendations for necessary statu-
tory changes. 
(3) LIMITATION ON ACTION.—The Secretary of 
Homeland Security may not take any action to reor-
ganize the structure referred to in paragraph (1) un-
less the Secretary receives prior authorization from 
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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, RADIO-
LOGICAL, NUCLEAR, AND EXPLOSIVES RESEARCH AND 
DEVELOPMENT ACTIVITIES.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a review of the De-
partment of Homeland Security’s management and 
execution of chemical, biological, radiological, nu-
clear, and explosives research and development ac-
tivities. 
(2) SCOPE.—The review required under para-
graph (1) shall include the following: 
(A) An assessment of the management and 
execution of chemical, biological, radiological, 
nuclear, and explosives research and develop-
ment 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, 
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nuclear, and explosives research and develop-
ment 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 Legisla-
tive Affairs, or the Assistant Secretary for Public 
Affairs,’’ and inserting ‘‘Assistant Secretary for Leg-
islative 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: 
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‘‘(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 de-
velopment activities;’’; 
(3) in subsection (b) of section 307 (6 U.S.C. 
187), by adding at the end the following new para-
graph: 
‘‘(8) 
CBRNE 
RESEARCH
AND
DEVELOP-
MENT.—The Director shall coordinate with the As-
sistant Secretary for the Chemical, Biological, Radi-
ological, Nuclear, and Explosives Office on all activi-
ties related to chemical, biological, and explosives re-
search 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 
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(C) in paragraph (6) of section 516(c) (6 
U.S.C. 321e(c)), by striking ‘‘Under Secretary 
for Science and Technology’’ and inserting ‘‘As-
sistant 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 ap-
pears 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 ‘‘an-
nual’’ and inserting ‘‘biennial’’. 
SEC. 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 emer-
gency management system of the United States. 
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SEC. 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 con-
tracts. 
‘‘Sec. 2205. Terrorism risk assessments. 
‘‘Sec. 2206. Chemical, biological, radiological, nuclear, and explosives intel-
ligence and information sharing.’’. 
Æ 
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