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114th Congress   }                                    {         Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                    {        114-334

======================================================================



 
       DEPARTMENT OF HOMELAND SECURITY CBRNE DEFENSE ACT OF 2015

                                _______
                                

 November 16, 2015.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3875]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3875) to amend the Homeland Security Act of 2002 
to establish within the Department of Homeland Security a 
Chemical, Biological, Radiological, Nuclear, and Explosives 
Office, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    11
Background and Need for Legislation..............................    11
Hearings.........................................................    11
Committee Consideration..........................................    12
Committee Votes..................................................    13
Committee Oversight Findings.....................................    13
New Budget Authority, Entitlement Authority, and Tax Expenditures    13
Congressional Budget Office Estimate.............................    13
Statement of General Performance Goals and Objectives............    13
Duplicative Federal Programs.....................................    13
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    14
Federal Mandates Statement.......................................    14
Preemption Clarification.........................................    14
Disclosure of Directed Rule Makings..............................    14
Advisory Committee Statement.....................................    14
Applicability to Legislative Branch..............................    14
Section-by-Section Analysis of the Legislation...................    14
Changes in Existing Law Made by the Bill, as Reported............    21
Additional Views.................................................    47

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Department of 
Homeland Security CBRNE Defense Act of 2015''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Table of contents.
Sec. 2. CBRNE Office.
Sec. 3. Chemical Division.
Sec. 4. Biological Division.
Sec. 5. Nuclear Division.
Sec. 6. Explosives Division.
Sec. 7. Savings provision.
Sec. 8. Clerical amendments.

SEC. 2. CBRNE OFFICE.

  (a) In General.--The Homeland Security Act of 2002 is amended by 
adding at the end the following new title:

                       ``TITLE XXII--CBRNE OFFICE

    ``Subtitle A--Chemical, Biological, Radiological, Nuclear, and 
                           Explosives Office

``SEC. 2201. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND 
                    EXPLOSIVES OFFICE.

  ``(a) Establishment.--There is established in the Department a 
Chemical, Biological, Radiological, Nuclear, and Explosives Office 
(referred to in this title as the `CBRNE Office'). The CBRNE Office 
shall be comprised of the Chemical Division, the Biological Division, 
the Nuclear Division, and the Explosives Division. The CBRNE Office may 
include a Health Division.
  ``(b) Mission of Office.--The mission of the CBRNE Office is to 
coordinate, strengthen, and provide chemical, biological, radiological, 
nuclear, and explosives (CBRNE) capabilities in support of homeland 
security.
  ``(c) Assistant Secretary.--The Office shall be headed by an 
Assistant Secretary for the Chemical, Biological, Radiological, 
Nuclear, and Explosives Office (referred to in this title as the 
`Assistant Secretary'), who shall be appointed by the President by and 
with the advice and consent of the Senate.
  ``(d) Responsibilities.--The Assistant Secretary shall--
          ``(1) develop, coordinate, and maintain overall CBRNE 
        strategy and policy for the Department;
          ``(2) develop, coordinate, and maintain for the Department 
        periodic CBRNE risk assessments;
          ``(3) serve as the primary Department representative for 
        coordinating CBRNE activities with other Federal departments 
        and agencies;
          ``(4) provide oversight for the Department's preparedness for 
        CBRNE threats;
          ``(5) provide support for operations during CBRNE threats or 
        incidents; and
          ``(6) carry out such other responsibilities as the Secretary 
        determines appropriate, consistent with this title.
  ``(e) Other Officers.--The Director of the Chemical Division, the 
Director of the Biological Division, the Director of the Nuclear 
Division, and the Director of the Explosives Division shall report 
directly to the Assistant Secretary.

``SEC. 2202. COMPOSITION OF THE CBRNE OFFICE.

  ``The Secretary shall transfer to the CBRNE Office, the functions, 
personnel, budget authority, and assets of the following:
          ``(1) The Office of Health Affairs as in existence on the day 
        before the date of the enactment of this title, including the 
        Chief Medical Officer authorized under section 516, and the 
        National Biosurveillance Integration Center authorized under 
        section 316.
          ``(2) The Domestic Nuclear Detection Office authorized under 
        title XIX, as in existence on the date before the date of the 
        enactment of this title (and redesignated as the Nuclear 
        Division).
          ``(3) CBRNE threat awareness and risk assessment activities 
        of the Science and Technology Directorate.
          ``(4) The CBRNE functions of the Office of Policy and the 
        Office of Operations Coordination.
          ``(5) The Office for Bombing Prevention of the National 
        Protection and Programs Directorate, as in existence on the day 
        before the date of the enactment of this title.

``SEC. 2203. HIRING AUTHORITY.

  ``In hiring personnel for the CBRNE Office, the Secretary shall have 
the hiring and management authorities provided in section 1101 of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(5 U.S.C. 3104 note; Public Law 105-261), except that the term of 
appointments for employees under subsection (c)(1) of such section may 
not exceed five years before granting any extension under subsection 
(c)(2) of such section.

``SEC. 2204. GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANSACTIONS AND 
                    CONTRACTS.

  ``The Assistant Secretary, in carrying out the responsibilities under 
this title, may distribute funds through grants, cooperative 
agreements, and other transactions and contracts.

``SEC. 2205. TERRORISM RISK ASSESSMENTS.

  ``(a) Terrorism Risk Assessments.--
          ``(1) In general.--The Assistant Secretary shall, in 
        coordination with relevant Department components and other 
        appropriate Federal departments and agencies, develop, 
        coordinate, and update periodically terrorism risk assessments 
        of chemical, biological, radiological, and nuclear threats.
          ``(2) Comparison.--The Assistant Secretary shall develop, 
        coordinate, and update periodically an integrated terrorism 
        risk assessment that assesses all of the threats referred to in 
        paragraph (1) and, as appropriate, explosives threats, and 
        compares each such threat against one another according to 
        their relative risk.
          ``(3) Inclusion in assessment.--Each terrorism risk 
        assessment under this subsection shall include a description of 
        the methodology used for each such assessment.
          ``(4) Updates.--Each terrorism risk assessment under this 
        subsection shall be updated not less often than once every two 
        years.
          ``(5) Provision to congress.--The Assistant Secretary shall 
        provide a copy of each risk assessment under this subsection to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate not later than 30 days after 
        completion of each such assessment.
  ``(b) Methodology.--In developing the terrorism risk assessments 
under subsection (a), the Assistant Secretary, in consultation with 
appropriate Federal departments and agencies, shall--
          ``(1) assess the proposed methodology to be used for such 
        assessments; and
          ``(2) consider the evolving threat to the United States as 
        indicated by the intelligence community (as such term is 
        defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 3003(4))).
  ``(c) Usage.--The terrorism risk assessments required under 
subsection (a) shall be used to inform and guide allocation of 
resources for chemical, biological, radiological, and nuclear threat 
activities of the Department.
  ``(d) Input and Sharing.--The Assistant Secretary shall, for each 
terrorism risk assessment under subsection (a)--
          ``(1) seek input from national stakeholders and other 
        Federal, State, local, tribal, and territorial officials 
        involved in efforts to counter chemical, biological, 
        radiological, and nuclear threats;
          ``(2) ensure that written procedures are in place to guide 
        the development of such assessments, including for input, 
        review, and implementation purposes, among relevant Federal 
        partners;
          ``(3) share such assessments with Federal, State, local, 
        tribal, and territorial officials with appropriate security 
        clearances and a need for the information in the classified 
        versions of such assessments; and
          ``(4) to the maximum extent practicable, make available an 
        unclassified version of such assessments for Federal, State, 
        local, tribal, and territorial officials involved in prevention 
        and preparedness for chemical, biological, radiological, and 
        nuclear events.

``SEC. 2206. CBRNE COMMUNICATIONS AND PUBLIC MESSAGING.

  ``(a) In General.--The Secretary, in coordination with the Assistant 
Secretary, shall develop an overarching risk communication strategy for 
terrorist attacks and other high consequence events utilizing chemical, 
biological, radiological, or nuclear agents or explosives that pose a 
high risk to homeland security, and shall--
          ``(1) develop threat-specific risk communication plans, in 
        coordination with appropriate Federal departments and agencies;
          ``(2) develop risk communication messages, including pre-
        scripted messaging to the extent practicable;
          ``(3) develop clearly defined interagency processes and 
        protocols to assure coordinated risk and incident 
        communications and information sharing during incident 
        response;
          ``(4) engage private and nongovernmental entities in 
        communications planning, as appropriate;
          ``(5) identify ways to educate and engage the public about 
        CBRNE threats and consequences;
          ``(6) develop strategies for communicating using social and 
        new media; and
          ``(7) provide guidance on risk and incident communications 
        for CBRNE events to State, local, tribal, and territorial 
        governments, and other stakeholders, as appropriate.
  ``(b) Communication During Response.--The Secretary shall provide 
appropriate timely, accurate information to the public, governmental 
partners, the private sector, and other appropriate stakeholders in the 
event of a suspected or confirmed terrorist attack or other high 
consequence event utilizing chemical, biological, radiological, or 
nuclear agents or explosives that pose a high risk to homeland 
security.
  ``(c) Reports.--
          ``(1) Development efforts.--Not later than 120 days after the 
        date of the enactment of this title, the Secretary shall submit 
        to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on current and 
        future efforts of the Department to develop the communication 
        strategy required under subsection (a).
          ``(2) Finalization.--Not later than two years after the date 
        the report required under paragraph (1) is submitted, the 
        Secretary shall submit to the Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate the 
        communication strategy required under subsection (a).

``SEC. 2207. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND 
                    EXPLOSIVES INTELLIGENCE AND INFORMATION SHARING.

  ``(a) In General.--The Under Secretary of Intelligence and Analysis 
of the Department shall--
          ``(1) support homeland security-focused intelligence analysis 
        of terrorist actors, their claims, and their plans to conduct 
        attacks involving chemical, biological, radiological, or 
        nuclear materials or explosives against the United States;
          ``(2) support homeland security-focused intelligence analysis 
        of global infectious diseases, public health, food, 
        agricultural, and veterinary issues;
          ``(3) support homeland security-focused risk analysis and 
        risk assessments of the homeland security hazards described in 
        paragraphs (1) and (2) by providing relevant quantitative and 
        nonquantitative threat information;
          ``(4) leverage existing and emerging homeland security 
        intelligence capabilities and structures to enhance prevention, 
        protection, response, and recovery efforts with respect to a 
        chemical, biological, radiological, nuclear, or explosives 
        attack;
          ``(5) share appropriate information regarding such threats to 
        appropriate State, local, tribal, and territorial authorities, 
        as well as other national biosecurity and biodefense 
        stakeholders; and
          ``(6) perform other responsibilities, as assigned by the 
        Secretary.
  ``(b) Coordination.--Where appropriate, the Under Secretary of 
Intelligence and Analysis shall coordinate with the heads of other 
relevant Department components, including the Assistant Secretary, 
members of the intelligence community, including the National Counter 
Proliferation Center and the National Counterterrorism Center, and 
other Federal, State, local, tribal, and territorial authorities, 
including officials from high-threat areas, to enable such entities to 
provide recommendations on optimal information sharing mechanisms, 
including expeditious sharing of classified information, and on how 
such entities can provide information to the Department.
  ``(c) Report.--
          ``(1) In general.--Not later than one year after the date of 
        the enactment of this section and annually thereafter, the 
        Secretary shall submit to the Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a report on--
                  ``(A) the intelligence and information sharing 
                activities under subsections (a) and (b) and of all 
                relevant entities within the Department to prevent, 
                protect against, prepare for, respond to, mitigate, and 
                recover from terrorist attacks and other high 
                consequence events utilizing chemical, biological, 
                radiological, or nuclear agents or explosives that pose 
                a high risk to homeland security; and
                  ``(B) the Department's activities in accordance with 
                relevant intelligence strategies.
          ``(2) Assessment of implementation.--Each report required 
        under paragraph (1) shall also include--
                  ``(A) a description of methods established to assess 
                progress of the Office of Intelligence and Analysis in 
                implementing this section; and
                  ``(B) such assessment of such progress.
  ``(d) Definitions.--In this section:
          ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
          ``(2) National biosecurity and biodefense stakeholders.--The 
        term `national biosecurity and biodefense stakeholders' means 
        officials from Federal, State, local, tribal, and territorial 
        authorities and individuals from the private sector who are 
        involved in efforts to prevent, protect against, prepare for, 
        respond to, mitigate, and recover from a biological attack or 
        other phenomena that may have serious health consequences for 
        the United States, including infectious disease outbreaks.''.
  (b) After Action and Efficiencies Review.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Assistant Secretary for the Chemical, 
Biological, Radiological, Nuclear, and Explosives Office of the 
Department of Homeland Security (established pursuant to section 2201 
of the Homeland Security Act of 2002, as added by subsection (a) of 
this section), shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that--
          (1) reviews the functions and responsibilities of the 
        Chemical, Biological, Radiological, Nuclear, and Explosives 
        Office of the Department (established pursuant to section 2201 
        of the Homeland Security Act of 2002, as added by subsection 
        (a) of this section) to identify and eliminate areas of 
        unnecessary duplication;
          (2) provides a detailed accounting of the management and 
        administrative expenditures and activities of the Office, 
        including expenditures related to the establishment of the 
        CBRNE Office, such as expenditures associated with the 
        utilization of the Secretary's authority to award retention 
        bonuses pursuant to Federal law;
          (3) identifies any potential cost savings and efficiencies 
        within the CBRNE Office or its divisions; and
          (4) identifies opportunities to enhance the effectiveness of 
        the management and administration of the CBRNE Office to 
        improve operational impact and enhance efficiencies.
  (c) Chemical, Biological, Radiological, Nuclear and Explosives 
Research and Development.--
          (1) In general.--The Secretary of Homeland Security shall 
        assess the organizational structure of the management and 
        execution of the Department of Homeland Security's chemical, 
        biological, radiological, nuclear, and explosives research and 
        development activities, and shall develop and submit to the 
        Committee on Homeland Security and the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Appropriations of the Senate at the time the 
        President submits the budget under section 1105 of title 31, 
        United States Code, for the fiscal year that follows the 
        issuance of the Comptroller General review required pursuant to 
        subsection (d) a proposed organizational structure for the 
        management and execution of such chemical, biological, 
        radiological, nuclear, and explosives research and development 
        activities.
          (2) Organizational justification.--The Secretary of Homeland 
        Security shall include in the assessment required under 
        paragraph (1) a thorough justification and rationalization for 
        the proposed organizational structure for management and 
        execution of chemical, biological, radiological, nuclear, and 
        explosives research and development activities, including the 
        following:
                  (A) A discussion of the methodology for determining 
                such proposed organizational structure.
                  (B) A comprehensive inventory of chemical, 
                biological, radiological, nuclear, and explosives 
                research and development activities of the Department 
                of Homeland Security and where each such activity will 
                be located within or outside such proposed 
                organizational structure.
                  (C) Information relating to how such proposed 
                organizational structure will facilitate and promote 
                coordination and requirements generation with 
                customers.
                  (D) Information relating to how such proposed 
                organizational structure will support the development 
                of chemical, biological, radiological, nuclear, and 
                explosives research and development priorities across 
                the Department.
                  (E) If the chemical, biological, radiological, 
                nuclear, and explosives research and development 
                activities of the Department are not co-located in such 
                proposed organizational structure, a justification for 
                such separation.
                  (F) The strategy for coordination between the Under 
                Secretary for Science and Technology and the Assistant 
                Secretary for the Chemical, Biological, Radiological, 
                Nuclear, and Explosives Office on chemical, biological, 
                radiological, nuclear, and explosives research and 
                development activities.
                  (G) Recommendations for necessary statutory changes.
          (3) Limitation on action.--The Secretary of Homeland Security 
        may not take any action to reorganize the structure referred to 
        in paragraph (1) unless the Secretary receives prior 
        authorization from the Committee on Homeland Security of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate permitting any such 
        action.
  (d) Government Accountability Office Review of Chemical, Biological, 
Radiological, Nuclear, and Explosives Research and Development 
Activities.--
          (1) In general.--The Comptroller General of the United States 
        shall conduct a review of the organizational structure of the 
        Department of Homeland Security's management and execution of 
        chemical, biological, radiological, nuclear, and explosives 
        research and development activities.
          (2) Scope.--The review required under paragraph (1) shall 
        include the following:
                  (A) An assessment of the organizational structure for 
                the management and execution of chemical, biological, 
                radiological, nuclear, and explosives research and 
                development activities of the Department of Homeland 
                Security, including identification of any overlap or 
                duplication of effort.
                  (B) Recommendations to streamline and improve the 
                organizational structure of the Department's management 
                and execution of chemical, biological, radiological, 
                nuclear, and explosives research and development 
                activities.
          (3) Report.--Not later than two years after the date of the 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on the review 
        required under this subsection.
  (e) Dissemination of Information Analyzed by the Department of 
Homeland Security to State, Local, Tribal, and Private Entities With 
Responsibilities Relating to Homeland Security.--Paragraph (8) of 
section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is amended by striking ``and to agencies of State'' and all that 
follows through the period at the end and inserting ``to State, local, 
tribal, territorial, and appropriate private entities with such 
responsibilities, and, as appropriate, to the public, in order to 
assist in preventing, protecting against, preparing for, responding to, 
mitigating, and recovering from terrorist attacks against the United 
States.''.
  (f) Technical and Conforming Amendments.--The Homeland Security Act 
of 2002 is amended--
          (1) in paragraph (2) of section 103(a) (6 U.S.C. 113(a)), by 
        striking ``Assistant Secretary for Health Affairs, the 
        Assistant Secretary for Legislative Affairs, or the Assistant 
        Secretary for Public Affairs,'' and inserting ``Assistant 
        Secretary for Legislative Affairs or the Assistant Secretary 
        for Public Affairs,'';
          (2) in section 302 (6 U.S.C. 182)--
                  (A) by redesignating paragraphs (13) and (14) as 
                paragraphs (14) and (15), respectively; and
                  (B) by inserting after paragraph (12) the following 
                new paragraph:
          ``(13) collaborating with the Assistant Secretary for the 
        Chemical, Biological, Radiological, Nuclear, and Explosives 
        Office on all chemical, biological, and explosives research and 
        development activities;'';
          (3) in subsection (b) of section 307 (6 U.S.C. 187), by 
        adding at the end the following new paragraph:
          ``(8) CBRNE defense.--The Director shall coordinate with the 
        Assistant Secretary for the Chemical, Biological, Radiological, 
        Nuclear, and Explosives Office on all chemical, biological, and 
        explosives research and development activities.''; and
          (4) in subsection (c) of section 516 (6 U.S.C. 321e)--
                  (A) in the matter preceding paragraph (1), by 
                inserting ``, including the health impacts of chemical, 
                biological, radiological, and nuclear agents and 
                explosives'' after ``natural disasters'';
                  (B) by amending paragraph (2) to read as follows:
          ``(2) coordinating the Department's policy, strategy, and 
        preparedness for pandemics and emerging infectious diseases;''; 
        and
                  (C) in paragraph (6), by striking ``Under Secretary 
                for Science and Technology'' and inserting ``Assistant 
                Secretary for the Chemical, Biological, Radiological, 
                Nuclear, and Explosives Office''.

SEC. 3. CHEMICAL DIVISION.

  (a) In General.--Title XXII of the Homeland Security Act of 2002, as 
added by section 2 of this Act, is amended by adding at the end the 
following new subtitle:

                    ``Subtitle B--Chemical Division

``SEC. 2211. CHEMICAL DIVISION.

  ``(a) Establishment.--There is established in the CBRNE Office a 
Chemical Division, headed by a Director of the Chemical Division (in 
this subtitle referred to as the `Director').
  ``(b) Mission and Responsibilities.--The Director shall be 
responsible for coordinating departmental strategy and policy relating 
to terrorist attacks and other high-consequence events utilizing 
chemical agents that pose a high risk to homeland security, including 
the following:
          ``(1) Developing and maintaining the Department's strategy 
        against chemical threats.
          ``(2) Serving as the Department representative for chemical 
        threats and related activities with other Federal departments 
        and agencies.
          ``(3) Providing oversight of the Department's preparedness, 
        including operational requirements, for chemical threats.
          ``(4) Enhancing the capabilities of Federal, State, local, 
        tribal, and territorial governments, and private entities as 
        appropriate, against chemical threats.
          ``(5) Evaluating and providing guidance to Federal, State, 
        local, tribal, and territorial governments, and private 
        entities as appropriate, on detection and communication 
        technology that could be effective in terrorist attacks and 
        other high-consequence events utilizing chemical agents.
          ``(6) Supporting and enhancing the effective sharing and use 
        of appropriate information generated by the intelligence 
        community (as such term is defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 3003(4))), law 
        enforcement agencies, other Federal, State, local tribal, and 
        territorial governments, and foreign governments, on chemical 
        threats.

``SEC. 2212. DEMONSTRATION PROJECTS.

  ``(a) In General.--The Director may, subject to the availability of 
appropriations for such purpose, partner with high-risk urban areas or 
facilities to conduct demonstration projects to enhance, through 
Federal, State, local, tribal, and territorial governments, and private 
entities, capabilities of the United States to counter terrorist 
attacks and other high-consequence events utilizing chemical agents 
that pose a high risk to homeland security.
  ``(b) Goals.--The Director may provide guidance and evaluations for 
all situations and venues at risk of terrorist attacks and other high-
consequence events utilizing chemical agents, such as at ports, areas 
of mass gathering, and transit facilities, and may--
          ``(1) ensure all high-risk situations and venues are studied; 
        and
          ``(2) ensure key findings and best practices are made 
        available to State, local, tribal, and territorial governments 
        and the private sector.
  ``(c) Congressional Notification.--The Director shall notify the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
not later than 30 days before initiating a new demonstration 
project.''.
  (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate an assessment of the Department of Homeland Security's programs 
and activities related to terrorist attacks and other high-consequence 
events utilizing chemical agents that pose a high risk to homeland 
security.

SEC. 4. BIOLOGICAL DIVISION.

  Title XXII of the Homeland Security Act of 2002, as added by section 
2 of this Act and as amended by section 3 of this Act, is further 
amended by adding at the end the following new subtitle:

                   ``Subtitle C--Biological Division

``SEC. 2221. BIOLOGICAL DIVISION.

  ``(a) Establishment.--There is established in the CBRNE Office a 
Biological Division, headed by a Director of the Biological Division 
(in this subtitle referred to as the `Director').
  ``(b) Mission and Responsibilities.--The Office shall be responsible 
for coordinating departmental strategy and policy relating to terrorist 
attacks and other high-consequence events utilizing biological agents 
that pose a high risk to homeland security, including the following:
          ``(1) Developing and maintaining the Department's strategy 
        against biological threats.
          ``(2) Serving as the Department representative for biological 
        threats and related activities with other Federal departments 
        and agencies.
          ``(3) Providing oversight for the Department's preparedness, 
        including operational requirements, for biological threats.
          ``(4) Enhancing the capabilities of Federal, State, local, 
        tribal, and territorial governments, and private entities as 
        appropriate, against biological threats.
          ``(5) Supporting and enhancing the effective sharing and use 
        of appropriate information generated by the intelligence 
        community (as such term is defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 3003(4))), law 
        enforcement agencies, other Federal, State, local, tribal, and 
        territorial governments, and foreign governments, on biological 
        threats.
          ``(6) Achieving a biological detection program.
          ``(7) Maintaining the National Biosurveillance Integration 
        Center, authorized under section 316.''.

SEC. 5. NUCLEAR DIVISION.

  (a) In General.--Title XXII of the Homeland Security Act of 2002, as 
added by section 2 of this Act and as amended by sections 3 and 4 of 
this Act, is further amended by adding at the end the following new 
subtitle:

                     ``Subtitle D--Nuclear Division

``SEC. 2231. NUCLEAR DIVISION.

  ``(a) Establishment.--The Secretary shall include within the CBRNE 
Office the Nuclear Division under title XIX, headed by the Director of 
the Nuclear Division (in this subtitle referred to as the `Director') 
pursuant to section 1901.
  ``(b) Mission and Responsibilities.--In addition to the 
responsibilities specified in title XIX, the Director shall also be 
responsible for coordinating departmental strategy and policy relating 
to terrorist attacks and other high-consequence events utilizing 
nuclear or other radiological materials, and for coordinating Federal 
efforts to detect and protect against the unauthorized importation, 
possession, storage, transportation, development, or use of a nuclear 
explosive device, fissile material, or radiological material in the 
United States, and to protect against an attack using such devices or 
materials against the people, territory, or interests of the United 
States, in accordance with title XIX.''.
  (b) Technical and Conforming Amendments.--Title XIX of the Homeland 
Security Act of 2002 is amended--
          (1) in the title heading, by striking ``DOMESTIC NUCLEAR 
        DETECTION OFFICE'' and inserting ``NUCLEAR DIVISION'';
          (2) in section 1901 (6 U.S.C. 591)--
                  (A) in the heading, by striking ``domestic nuclear 
                detection office'' and inserting ``nuclear division'';
                  (B) in subsection (a), by striking ``There shall be 
                established in the Department a Domestic Nuclear 
                Detection Office'' and inserting ``There is in the 
                Department a Nuclear Division, located in the CBRNE 
                Office''; and
                  (C) in subsection (b), by striking ``Director for 
                Domestic Nuclear Detection, who shall be appointed by 
                the President'' and inserting ``Director of the Nuclear 
                Division'';
          (3) in subsection (a) of section 1902 (6 U.S.C. 592)--
                  (A) in the matter preceding paragraph (1)--
                          (i) by inserting after ``responsible for'' 
                        the following: ``coordinating departmental 
                        strategy and policy relating to terrorist 
                        attacks and other high-consequence events 
                        utilizing nuclear or other radiological 
                        materials, and for''; and
                          (ii) by striking ``to protect'' and inserting 
                        ``protecting''; and
                  (B) in paragraph (11), in the matter preceding 
                subparagraph (A), by striking ``Domestic Nuclear 
                Detection Office'' and inserting ``Nuclear Division'';
          (4) by repealing section 1903 (6 U.S.C. 593);
          (5) in section 1906 (6 U.S.C. 596)--
                  (A) in the matter preceding paragraph (1)--
                          (i) by striking ``Domestic Nuclear 
                        Detection'' and inserting ``the Nuclear 
                        Division''; and
                          (ii) by striking ``paragraphs (6) and (7) 
                        of''; and
                  (B) in paragraph (2), by striking ``paragraphs (6) 
                and (7) of'';
          (6) in section 1907 (6 U.S.C. 596a)--
                  (A) by striking ``Annual'' each place it appears and 
                inserting ``Biennial'';
                  (B) by striking ``each year'' each place it appears 
                and inserting ``every two years'';
                  (C) by striking ``previous year'' each place it 
                appears and inserting ``previous two years'';
                  (D) in the heading of subsection (a), by striking 
                ``Annual'' and inserting ``Biennial''; and
                  (E) subsection (b)--
                          (i) in the heading, by striking ``Annual'' 
                        and inserting ``Biennial'';
                          (ii) in paragraph (1), by inserting ``odd-
                        numbered'' after ``each''; and
                          (iii) in paragraph (2), by striking 
                        ``annual'' and inserting ``biennial''; and
          (7) by adding at the end the following new section:

``SEC. 1908. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION 
                    ARCHITECTURE.

  ``In carrying out the mission of the Office under subparagraph (A) of 
section 1902(a)(4), the Director of the Nuclear Division shall provide 
support for planning, organization, equipment, training, exercises, and 
operational assessments to Federal, State, local, tribal, and 
territorial governments to assist such governments in implementing 
radiological and nuclear detection capabilities in the event of 
terrorist attacks or other high-consequence events utilizing nuclear or 
other radiological materials that pose a high risk to homeland 
security. Such capabilities shall be integrated into the enhanced 
global nuclear detection architecture referred to in such section 
1902(a)(4), and shall inform and be guided by architecture studies, 
technology needs, and research activities of the Office.''.
  (c) Savings Provision.--The individual serving as of the date of the 
enactment of this Act as the Director for Domestic Nuclear Detection of 
the Department of Homeland Security may continue to serve as the 
Director of the Nuclear Division of the Department on and after such 
date.
  (d) Reference.--Any reference in any law, regulation, or rule to the 
Domestic Nuclear Detection Office or the Director for Domestic Nuclear 
Detection of the Department of Homeland Security shall be deemed to be 
a reference to the Nuclear Division or the Director of the Nuclear 
Division, respectively, of the Department.

SEC. 6. EXPLOSIVES DIVISION.

  Title XXII of the Homeland Security Act of 2002, as added by section 
2 of this Act and as amended by sections 3, 4, and 5 of this Act, is 
further amended by adding at the end the following new subtitle:

                   ``Subtitle E--Explosives Division

``SEC. 2241. EXPLOSIVES DIVISION.

  ``(a) Establishment.--There is established within the CBRNE Office an 
Explosives Division, headed by a Director of the Explosives Division 
(in this subtitle referred to as the `Director').
  ``(b) Mission and Responsibilities.--The Director shall be 
responsible for coordinating departmental strategy and policy relating 
to terrorist attacks and other high-consequence events utilizing 
explosives that pose a high risk to homeland security, including the 
following:
          ``(1) Developing and maintaining the Department's strategy 
        against explosives threats.
          ``(2) Serving as the Department representative for explosives 
        threats and related activities with other Federal departments 
        and agencies.
          ``(3) Providing oversight of the Department's preparedness, 
        including operational requirements, for explosives threats.
          ``(4) Enhancing the capabilities of Federal, State, local, 
        tribal, and territorial governments, and private entities as 
        appropriate, to counter terrorist attacks and other high-
        consequence events utilizing explosives.
          ``(5) Evaluating and providing guidance to Federal, State, 
        local, tribal, and territorial governments and appropriate 
        private entities on detection and communication technology that 
        could be effective during terrorist attacks or other high-
        consequence events utilizing explosives.
          ``(6) Supporting and enhancing the effective sharing and use 
        of appropriate information generated by the intelligence 
        community (as such term is defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 3003(4))), law 
        enforcement agencies, other Federal, State, local, tribal, and 
        territorial government agencies, and foreign governments, on 
        explosives threats.''.

SEC. 7. SAVINGS PROVISIONS.

  Nothing in this Act shall change the authority of the Administrator 
of the Federal Emergency Management Agency to lead the emergency 
management system of the United States. Nothing in this Act shall alter 
the responsibility of the Chief Medical Officer of the Department of 
Homeland Security to serve as the principal advisor to the Secretary of 
Homeland Security and the Administrator of the Federal Emergency 
Management Agency on medical and public health issues pursuant to 
paragraph (1) of section 516(c) of the Homeland Security Act of 2002 (6 
U.S.C. 321e(c)).

SEC. 8. CLERICAL AMENDMENTS.

  The table of contents in section 1(b) of the Homeland Security Act of 
2002 is amended--
          (1) by striking the item relating to title XIX and inserting 
        the following new item:

                    ``TITLE XIX--NUCLEAR DIVISION'';

          (2) by striking the item relating to section 1901 and 
        inserting the following new item:

``Sec. 1901. Nuclear Division.'';

          (3) by striking the item relating to section 1903;
          (4) by adding after the item relating to section 1907 the 
        following new item:

``Sec. 1908. Domestic Implementation of the global nuclear detection 
architecture.''; and

          (5) by adding at the end the following:

                       ``TITLE XXII--CBRNE OFFICE

    ``Subtitle A--Chemical, Biological, Radiological, Nuclear, and 
                           Explosives Office

``Sec. 2201. Chemical, Biological, Radiological, Nuclear, and 
Explosives Office.
``Sec. 2202. Composition of the CBRNE Office.
``Sec. 2203. Hiring authority.
``Sec. 2204. Grants, cooperative agreements, and other transactions and 
contracts.
``Sec. 2205. Terrorism risk assessments.
``Sec. 2206. CBRNE communications and public messaging.
``Sec. 2207. Chemical, biological, radiological, nuclear, and 
explosives intelligence and information sharing.''.

                    ``Subtitle B--Chemical Division

``Sec. 2211. Chemical Division.
``Sec. 2212. Demonstration projects.''.

                   ``Subtitle C--Biological Division

``Sec. 2221. Biological Division.''.

                     ``Subtitle D--Nuclear Division

``Sec. 2231. Nuclear Division.''.

                   ``Subtitle E--Explosives Division

``Sec. 2241. Explosives Division.''.

                          Purpose and Summary

    H.R. 3875 amends the Homeland Security Act of 2002 to 
establish within the Department of Homeland Security a 
Chemical, Biological, Radiological, Nuclear, and Explosives 
Office.

                  Background and Need for Legislation

    The ``Department of Homeland Security CBRNE Defense Act of 
2015'' authorizes a Chemical, Biological, Radiological, 
Nuclear, and Explosives (CBRNE) Office within the Department of 
Homeland Security (DHS or Department).
    Departments and agencies across the U.S. government have 
centralized their weapons of mass destruction (WMD) defense 
programs to provide clear focal points for dealing with this 
threat. However, DHS responsibilities in the CBRNE areas 
continue to be spread across many offices in the Department 
with varying authorities and functions, affecting strategic 
direction as well as interdepartmental and interagency 
coordination.
    Congress directed the Department to conduct a review of its 
WMD defense functions, including specific statutory, 
organizational, administrative, and funding recommendations and 
changes to streamline and improve overall DHS WMD defense 
activities. DHS provided its proposal for consolidation of 
CBRNE activities to the Committee in June. The Subcommittee on 
Emergency Preparedness, Response, and Communications and the 
Subcommittee on Cybersecurity, Infrastructure Protection, and 
Security Technologies held a joint hearing in July on the 
Department's proposal.
    This bill is the result of many years of oversight by the 
Committee on Homeland Security on the Department's management 
of CBRNE activities. It authorizes a CBRNE Office, led by a 
Presidentially-appointed Assistant Secretary. The bill directs 
the Secretary to include within the new CBRNE Office: the 
Office of Health Affairs, the Domestic Nuclear Detection 
Office, risk assessment activities and personnel of the Science 
and Technology Directorate, CBRNE activities and personnel of 
the Office of Policy and Operations Coordination and Planning, 
and the Office for Bombing Prevention. The bill provides 
specific responsibilities of the Assistant Secretary and needed 
structure for the management of CBRNE activities.

                                Hearings

    The Committee on Homeland Security did not hold any 
hearings on H.R.3875, however the Committee held the following 
oversight hearing:
    The Subcommittees on Cybersecurity, Infrastructure 
Protection, and Security Technologies and Emergency 
Preparedness, Response, and Communications held a joint 
hearing, ``Weapons of Mass Destruction: Bolstering DHS to 
Combat Persistent Threats to America,'' on July 14, 2015. The 
Subcommittees received testimony from Dr. Reginald Brothers, 
Under Secretary for Science and Technology, U.S. Department of 
Homeland Security; Dr. Kathryn Brinsfield, Assistant Secretary, 
Office of Health Affairs, U.S. Department of Homeland Security; 
Dr. Huban Gowadia, Director, Domestic Nuclear Detection Office, 
U.S. Department of Homeland Security; Mr. Alan D. Cohn, 
Counsel, Steptoe & Johnson LLP; Mr. Rick ``Ozzie'' Nelson, 
Senior Associate, Homeland Security and Counterterrorism 
Program, Center for Strategic and International Studies; and 
Mr. Warren Stern, Former Director, Domestic Nuclear Detection 
Office, U.S. Department of Homeland Security.
    This hearing examined the Department of Homeland Security's 
proposal to consolidate certain CBRNE defense activities of DHS 
headquarters. Members received testimony from DHS headquarters 
personnel whose organizations would be impacted by the DHS 
proposal, as well as outside experts, on the optimal management 
of DHS CBRNE activities. This hearing helped to inform the 
drafting of H.R. 3875.

                        Committee Consideration

    The Committee met on November 4, 2015, to consider H.R. 
3875, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by 
Mr.McCaul (#1); was AGREED TO, as amended, by voice vote.

 An Amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1A); was AGREED TO, by voice 
vote.
     Page 2, line 12, insert after ``Division.'' the following: ``The 
CBRNE Office may include a Health Division.''.
     Page 3, beginning line 17, strike ``the Director of the Explosives 
Division, and the Chief Medical Officer'' and insert ``and the Director 
of the Explosives Division''.
     Page 4, line 5, strike ``Nuclear Division authorized under title 
XIX'' and insert ``Domestic Nuclear Detection Office authorized under 
title XIX as in existence on the date before the date of the enactment 
of this title (and redesignated as the Nuclear Division)''.
     Page 13, line 11, strike ``Efficiencies Review'' and insert 
``After Action and Efficiencies Review''.
     Page 14, line 6, insert after ``Office'' the following: ``, 
including expenditures related to the establishment of the CBRNE 
Office, such as expenditures associated with the utilization of the 
Secretary's authority to award retention bonuses pursuant to Federal 
law;''.
     Page 14, beginning line 6, strike ``and identifies any potential 
cost savings and efficiencies for such expenditures and activities of 
each sub-office; and'' and insert the following (and redesignate 
subsequent paragraphs accordingly): (3) identifies any potential cost 
savings and efficiencies within the CBRNE Office or its divisions; and
     Page 14, line 9, strike ``make recommendations for adjustments in 
the management and administration of the Office'' and insert 
``identifies opportunities to enhance the effectiveness of the 
management and administration of the CBRNE Office''.
     Page 15, line 1, strike ``for fiscal year 2020''.
     Page 15, line 2, insert ``for the fiscal year that follows the 
issuance of the Comptroller General review required pursuant to 
subsection (d)'' after ``United States Code,''.
     Page 17, line 5, strike ``Concurrent''.
     Page 17, line 10, insert ``organizational structure of the'' after 
``review of the''.
     Page 17, line 17, insert ``organizational structure for the'' 
before ``management''.
     Page 17, line 24, insert ``organizational structure of the'' 
before ``Department's''.
     Page 18, line 3, strike ``one year'' and insert ``two years''.
     Page 25, line 9, strike ``Maintaining'' and insert ``Achieving''.
     Page 29, strike lines 17 through 22 (and redesignate subsequent 
subsections accordingly).
     Page 31, line 23, strike ``PROVISION'' and insert ``PROVISIONS''.
     Page 32, line 2, insert after ``United States.'' The following: 
``Nothing in this Act shall alter the responsibility of the Chief 
Medical Officer of the Department of Homeland Security to serve as the 
principal advisor to the Secretary of Homeland Security and the 
Administrator of the Federal Emergency Management Agency on medical and 
public health issues pursuant to paragraph (1) of section 516(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 321e(c)).''

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 3875.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3875, the Department of Homeland Security CBRNE Defense Act of 
2015, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 3875 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    H.R. 3875 establishes a CBRNE Office within the Department 
of Homeland Security to coordinate, strengthen, and provide 
CBRNE capabilities in support of homeland security. It requires 
the Secretary to report on the efficiencies achieved by the 
consolidation of a number of Department offices and functions 
into the new CBRNE Office, including any potential cost 
savings. Furthermore, it requires the Secretary and the 
Government Accountability Office to report on the optimal 
structure on CBRNE research and development activities.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 3875 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3875 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3875 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Department of Homeland Security CBRNE Defense Act of 2015''.

Sec. 2.   CBRNE Office.

    This section adds a new ``Title XXII--CBRNE Office'' to the 
Homeland Security Act of 2002. This includes ``Subtitle A--The 
Chemical, Biological, Radiological, Nuclear, and Explosives 
Office'' as follows:
            `Sec. 2201.   CBRNE Office.
    This new section establishes in the Department of Homeland 
Security (DHS) a Chemical, Biological, Radiological, Nuclear, 
and Explosives Office, referred to as the CBRNE Office. This 
section also specifies that the CBRNE Office may include a 
Health Division.
    It establishes that the mission of the Office is to 
coordinate, strengthen, and provide chemical, biological, 
radiological, nuclear, and explosives (CBRNE) capabilities in 
support of homeland security.
    The section provides that the Office shall be led by a 
Presidentially-appointed, Senate-confirmed Assistant Secretary.
    It enumerates the responsibilities of the Assistant 
Secretary for the CBRNE Office: to develop, coordinate, and 
maintain overall CBRNE strategy and policy for the Department; 
to develop, coordinate, and maintain for the Department 
periodic CBRNE risk assessments; to serve as the primary 
Department representative for coordinating CBRNE activities 
with other Federal departments and agencies; to provide 
oversight for the Department's preparedness for CBRNE threats; 
to provide support for operations during CBRNE threats or 
incidents; and to carry out such other responsibilities as the 
Secretary determines appropriate, consistent with this title.
    Finally, the section requires the Directors of the 
Chemical, Biological, Nuclear, and Explosives Divisions to 
report directly to the Assistant Secretary. This section is 
silent as to the reporting structure of the Chief Medical 
Officer. Pursuant to section 516 of the Homeland Security Act 
of 2002, the Chief Medical Officer serves as the principal 
advisor to the Secretary of Homeland Security and Administrator 
of the Federal Emergency Management Agency on medical and 
public health issues. Nothing in this bill changes that 
reporting structure, as noted in section 7, or dictates where 
the Chief Medical Officer position must reside in the CBRNE 
Office structure. The Committee directs the Secretary to orient 
the Chief Medical Officer in a manner that will ensure his or 
her ability to best address the health impacts of CBRNE 
threats, emerging infectious diseases, and the protection of 
the DHS workforce.
            `Sec. 2202.   Composition of the CBRNE Office.
    This section requires the Secretary to transfer to the 
CBRNE Office the Office of Health Affairs, the Domestic Nuclear 
Detection Office, the CBRNE threat awareness and risk 
assessment activities of the Science and Technology 
Directorate, the CBRNE functions of the Office of Policy and 
the Office of Operations Coordination, and the Office for 
Bombing Prevention of the National Protection and Programs 
Directorate.
    In transferring the CBRNE threat awareness and risk 
assessment activities of the Science and Technology 
Directorate, the Committee intends that this transfer include 
the development of Material Threat Assessments and Material 
Threat Determinations.
            `Sec. 2203.   Hiring Authority.
    This section provides for the hiring of scientific and 
technical positions.
            `Sec. 2204.   Grants, Cooperative Agreements, and Other 
                    Transactions and Contracts.
    This section provides that the Assistant Secretary may 
distribute funds through grants, cooperative agreements, and 
other transactions and contracts.
            `Sec. 2205.   Terrorism Risk Assessments.
    This section authorizes the Assistant Secretary for the 
CBRNE Office to develop, coordinate, and update periodically 
terrorism risk assessments of chemical, biological, 
radiological, and nuclear threats, as well as an integrated 
terrorism risk assessment that assesses CBRNE threats and 
compares each such threat against one another according to 
their relative risk.
    It requires the Assistant Secretary to provide the risk 
assessments to Congress.
    It further requires specific activities in assessing the 
methodology for developing the risk assessments, and provides 
that the risk assessments shall be used to inform and guide 
allocation of resources for chemical, biological, radiological, 
and nuclear threat activities of the Department.
    Finally, this section requires the Department to get input 
from and share or make available as appropriate, the risk 
assessments with Federal, State, local, Tribal, and territorial 
officials involved in efforts to counter chemical, biological, 
radiological, and nuclear threats.
            `Sec. 2206.   CBRNE Communications and Public Messaging.
    This section requires the Secretary to develop an 
overarching risk communication strategy for terrorist attacks 
and other high consequence events utilizing CBRN agents or 
explosives that pose a high risk to homeland security.
    Furthermore, it requires development of threat-specific 
risk communication plans; risk communication messages, 
including pre-scripted messaging; defined interagency processes 
and protocols to assure coordinated risk and incident 
communications and information sharing during incident 
response; and strategies for communicating using social and new 
media. It directs the Secretary to engage private and 
nongovernmental entities in communications planning, as 
appropriate; identify ways to educate and engage the public 
about CBRNE threats and consequences; and provide guidance on 
risk and incident communications for CBRNE events to State, 
local, Tribal, and territorial governments, and other 
stakeholders, as appropriate.
    It requires the Secretary to provide appropriate timely, 
accurate information to the public, governmental partners, the 
private sector, and other appropriate stakeholders in the event 
of a suspected or confirmed CBRNE terrorist attack or other 
high consequence event.
    This section requires the Department to report to Congress 
120 days after enactment on current and future efforts of the 
Department to develop the communication strategy, and two years 
after enactment, to provide the strategy to Congress.
            `Sec. 2207.   CBRNE Intelligence and Information Sharing.
    This section is very similar to H.R. 2200, the ``CBRN 
Intelligence and Information Sharing Act of 2015'', which 
passed the House on June 25, 2015, by a vote of 420 yeas and 2 
nays (Roll No. 389). This section expands H.R 2200 to include 
information sharing on explosives threats.
    This section amends Subtitle A of title II (6 U.S. Code 121 
et seq.) of the Homeland Security Act of 2002 by adding a new 
section at the end directing the Office of Intelligence and 
Analysis (I&A;) of the Department of Homeland Security (DHS) to:
        support homeland security-focused intelligence analysis 
        of terrorists, their claims, and their plans to conduct 
        attacks against the nation involving CBRNE, and of 
        global infectious disease, public health, food, 
        agricultural, and veterinary issues;
        support homeland security-focused risk analysis and 
        risk assessments of those hazards by providing relevant 
        threat information;
        leverage homeland security intelligence capabilities 
        and structures to enhance prevention, protection, 
        response, and recovery efforts with respect to a CBRNE 
        attack; and
        share information and provide tailored analytical 
        support on these threats to State, local, and Tribal 
        authorities as well as other national biosecurity and 
        biodefense stakeholders.
    This section also requires I&A; to coordinate with other DHS 
components, the Intelligence Community, and Federal, State, 
local, and Tribal authorities, where appropriate, and enable 
such entities to provide recommendations on optimal information 
sharing mechanisms and on how they can provide information to 
DHS. Additionally this section directs the Secretary of DHS to 
report annually for five years on: (1) intelligence and 
information sharing activities to counter the threat from 
weapons of mass destruction; and (2) DHS's activities in 
accordance with relevant intelligence strategies.

  Sec. 2(b).   Efficiencies Review.

    This subsection of the bill requires the Secretary, acting 
through the Assistant Secretary of the CBRNE Office, to provide 
to Congress within one year of enactment, a report that reviews 
the functions and responsibilities of the CBRNE Office to 
identify and eliminate areas of unnecessary duplication; 
provides a detailed accounting of the management and 
administrative expenditures and activities of the Office and 
identifies any potential cost savings and efficiencies; and 
makes recommendations for adjustments in the management and 
administration of the CBRNE Office to increase operational 
impact and enhance efficiencies.
    This section specifically requires information on the 
Secretary's utilization of his authority to issue retention 
bonuses pursuant to 5 U.S.C. section 5754. These bonuses may be 
provided to an employee with unusually high or unique 
qualifications or who fills a special need of the Department of 
Homeland Security that makes such employee's services essential 
to retain and who the Secretary determines, in the absence of a 
retention bonus, would be likely to leave such position in the 
Department.
    The Committee recognizes that reorganizations can take a 
toll on personnel and, as such, the Secretary may seek to use 
his authority to provide bonuses to ensure the retention of a 
specialized CBRNE workforce. This section requires the 
efficiency review to include information on the use of this 
authority.

  Sec. 2(c).   CBRNE Research and Development.

    This subsection requires the Secretary to assess and report 
to Congress on the organizational structure of the management 
and execution of DHS research and development activities 
related to CBRNE. Additionally, it requires in the assessment a 
thorough justification and rationalization for the proposed 
organizational structure for management and execution of CBRNE 
research and development activities, and other specific 
information.
    This section provides that the Secretary may not take any 
action to reorganize the management and execution of CBRNE 
research and development activities without prior Congressional 
authorization.
    The Committee notes that research and development for CBRNE 
is currently bifurcated at the Department. The Domestic Nuclear 
Detection Office conducts its own research and development 
activities and, after initial failures on projects such as the 
Advanced Spectroscopic Radiation Portal Monitor, has matured 
its capabilities into a highly functioning R&D; operation. 
However, when it comes to chemical, biological, and explosives 
research and development, the Science and Technology 
Directorate has had little success in transitioning technology 
for operational use. S&T; failures in soliciting requirements 
from DHS operational users in the chemical and biological space 
has contributed to its inability to successfully transfer 
technology. In this subsection, the Committee directs the 
Secretary to assess this structure and report to Congress on 
its view for the optimal organization of CBRNE R&D; activities 
within the Department. This could include the consolidation of 
all CBRNE R&D; into the CBRNE Office. However, should S&T; 
improve its track record for chemical, biological, and 
explosives R&D;, the report could also find that the current 
structure is optimal. Once the Secretary submits the required 
report, the Committee will determine whether this structure 
should be authorized.

  Sec. 2(d).   GAO Review.

    This subsection requires a review by the Comptroller 
General of the organizational structure of the management and 
execution of DHS research and development activities related to 
CBRNE to be submitted to the Committee within two years of 
enactment.

  Sec. 2(e).   Technical and Conforming Amendments.

    This section makes technical and conforming amendments to 
the Homeland Security Act of 2002 to align responsibilities to 
the new authorities within this act.

Sec. 3.   Chemical Division.

    This section adds a new ``Subtitle B--Chemical Division'' 
to new Title XXII of the Homeland Security Act of 2002. It 
requires GAO to assess DHS's programs and activities related to 
the terrorist attacks and other high-consequence events 
utilizing chemical agents that pose a high risk to homeland 
security.
            `Sec. 2211.   Chemical Division.
    This section establishes a Chemical Division within the 
CBRNE Office, headed by a Director.
    It provides that the Director shall be responsible for 
coordinating Departmental strategy and policy relating to 
terrorist attacks and other high-consequence events utilizing 
chemical agents that pose a high risk to homeland security.
    This includes developing and maintaining the Department's 
strategy against chemical threats; serving as the Department's 
representative for chemical activities with other Federal 
departments and agencies; providing oversight of the 
Department's preparedness, including operational requirements, 
for chemical threats; enhancing capabilities of Federal, State, 
local, Tribal, and territorial governments, and private 
entities as appropriate, for chemical threats; evaluating and 
providing guidance on detection and communication technology; 
and supporting and enhancing the effective sharing and use of 
appropriate information generated by the intelligence community 
on chemical threats.
            `Sec. 2212.   Chemical Defense Demonstration Projects.
    This section provides that the Director may partner with 
high-risk urban areas or facilities to conduct demonstration 
projects to enhance national capabilities against chemical 
threats.

Sec. 4.   Biological Division.

    This section adds a new ``Subtitle C--Biological Division'' 
to new Title XXII of the Homeland Security Act of 2002 as 
follows:
            `Sec. 2221.   Biological Division.
    This section establishes a Biological Division within the 
CBRNE Office, headed by a Director.
    It provides that the Director shall be responsible for 
coordinating Departmental strategy and policy relating to 
terrorist attacks and other high-consequence events utilizing 
biological agents that pose a high risk to homeland security.
    This includes developing and maintaining the Department's 
strategy against biological threats; serving as the 
Department's representative for biodefense and related 
activities with other Federal departments and agencies; 
providing oversight of the Department's preparedness, including 
operational requirements, for biological threats; enhancing the 
biodefense capabilities of Federal, State, local, Tribal, and 
territorial governments, and private entities as appropriate; 
supporting and enhancing the effective sharing and use of 
appropriate information generated by the intelligence community 
on biological threats; achieving a biodetection program; and 
maintaining the National Biosurveillance Integration Center.

Sec. 5.   Nuclear Division.

    This section adds a new ``Subtitle D--Nuclear Division'' to 
new Title XXII of the Homeland Security Act of 2002 as follows:
            `Sec. 2231.   Nuclear Division.
    This section establishes a Nuclear Division within the 
CBRNE Office, headed by a Director. It retitles the Domestic 
Nuclear Detection Office (DNDO), authorized under title XIX of 
the Homeland Security Act, as the new Nuclear Division.
    In addition to the responsibilities under Title XIX, it 
provides that the Director shall also be responsible for 
coordinating Departmental strategy and policy relating to 
terrorist attacks and other high-consequence events utilizing 
nuclear or other radiological materials, and for coordinating 
Federal efforts to detect and protect against the unauthorized 
importation, possession, storage, transportation, development, 
or use of a nuclear explosive device, fissile material, or 
radiological material in the United States, and to protect 
against an attack using such devices or materials against the 
people, territory, or interests of the United States, in 
accordance with Title XIX.
    It changes from one to two years the frequency of the 
interagency review of the Global Nuclear Detection 
Architecture. It requires the Director to provide support for 
planning, organization, equipment, training, exercises, and 
operational assessments to Federal, State, local, Tribal, and 
territorial governments to assist such governments in 
implementing radiological and nuclear detection capabilities.
    The Committee intends that the Domestic Nuclear Detection 
Office--renamed the Nuclear Division under this title--remain 
intact as authorized under Title XXII of the Homeland Security 
Act of 2002.

Sec. 6.   Explosives Division.

    This section adds a new ``Subtitle E--Explosives Division'' 
to new Title XXII of the Homeland Security Act of 2002 as 
follows:
            `Sec. 2241.   Explosives Division.
    This section establishes an Explosives Division within the 
CBRNE Office, headed by a Director. It provides that the 
Director shall be responsible for coordinating Departmental 
strategy and policy relating to terrorist attacks and other 
high-consequence events utilizing explosives that pose a high 
risk to homeland security.
    This includes developing and maintaining the Department's 
strategy against explosives threats; serving as the 
Department's representative for explosives activities with 
other Federal departments and agencies; providing oversight of 
the Department's preparedness, including operational 
requirements, for explosives threats; enhancing capabilities of 
Federal, State, local, Tribal, and territorial governments, and 
private entities as appropriate; and supporting and enhancing 
the effective sharing and use of appropriate information 
generated by the intelligence community on explosives threats.

Sec. 7.   Savings Provision.

    This section provides that nothing in this Act shall change 
the authority of the Administrator of the Federal Emergency 
Management Agency to lead the Nation's emergency management 
system.
    This section further provides that nothing in this Act 
shall alter the responsibility of the Chief Medical Officer to 
serve as the principal advisor to the Secretary and FEMA on 
medical and public health issues.

Sec. 8.   Clerical Amendments.

    This section makes clerical amendments to the table of 
contents section of the Homeland Security Act of 2002 to 
reflect the changes made in this measure.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

              [TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

                       TITLE XIX--NUCLEAR DIVISION

[Sec. 1901. Domestic Nuclear Detection Office.]
Sec. 1901. Nuclear Division.
     * * * * * * *
[Sec. 1903. Hiring authority.]
     * * * * * * *
Sec. 1908. Domestic Implementation of the global nuclear detection 
          architecture.
     * * * * * * *

                        TITLE XXII--CBRNE OFFICE

Subtitle A--Chemical, Biological, Radiological, Nuclear, and Explosives 
                                 Office

Sec. 2201. Chemical, Biological, Radiological, Nuclear, and Explosives 
          Office.
Sec. 2202. Composition of the CBRNE Office.
Sec. 2203. Hiring authority.
Sec. 2204. Grants, cooperative agreements, and other transactions and 
          contracts.
Sec. 2205. Terrorism risk assessments.
Sec. 2206. CBRNE communications and public messaging.
Sec. 2207. Chemical, biological, radiological, nuclear, and explosives 
          intelligence and information sharing.

                      Subtitle B--Chemical Division

Sec. 2211. Chemical Division.
Sec. 2212. Demonstration projects.

                     Subtitle C--Biological Division

Sec. 2221. Biological Division.

                      Subtitle D--Nuclear Division

Sec. 2231. Nuclear Division.

                     Subtitle E--Explosives Division

Sec. 2241. Explosives Division.

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 103. OTHER OFFICERS.

  (a) Deputy Secretary; Under Secretaries.--(1) In general.--
Except as provided under paragraph (2), there are the following 
officers, appointed by the President, by and with the advice 
and consent of the Senate:
          (A) A Deputy Secretary of Homeland Security, who 
        shall be the Secretary's first assistant for purposes 
        of subchapter III of chapter 33 of title 5, United 
        States Code.
          (B) An Under Secretary for Science and Technology.
          (C) An Under Secretary for Border and Transportation 
        Security.
          (D) An Administrator of the Federal Emergency 
        Management Agency.
          (E) A Director of the Bureau of Citizenship and 
        Immigration Services.
          (F) An Under Secretary for Management.
          (G) A Director of the Office of Counternarcotics 
        Enforcement.
          (H) An Under Secretary responsible for overseeing 
        critical infrastructure protection, cybersecurity, and 
        other related programs of the Department.
          (I) Not more than 12 Assistant Secretaries.
          (J) A General Counsel, who shall be the chief legal 
        officer of the Department.
          (2) Assistant secretaries.--If any of the Assistant 
        Secretaries referred to under paragraph (1)(I) is 
        designated to be the [Assistant Secretary for Health 
        Affairs, the Assistant Secretary for Legislative 
        Affairs, or the Assistant Secretary for Public 
        Affairs,] Assistant Secretary for Legislative Affairs 
        or the Assistant Secretary for Public Affairs, that 
        Assistant Secretary shall be appointed by the President 
        without the advice and consent of the Senate.
  (b) Inspector General.--There shall be in the Department an 
Office of Inspector General and an Inspector General at the 
head of such office, as provided in the Inspector General Act 
of 1978 (5 U.S.C. App.).
  (c) Commandant of the Coast Guard.--To assist the Secretary 
in the performance of the Secretary's functions, there is a 
Commandant of the Coast Guard, who shall be appointed as 
provided in section 44 of title 14, United States Code, and who 
shall report directly to the Secretary. In addition to such 
duties as may be provided in this Act and as assigned to the 
Commandant by the Secretary, the duties of the Commandant shall 
include those required by section 2 of title 14, United States 
Code.
  (d) Other Officers.--To assist the Secretary in the 
performance of the Secretary's functions, there are the 
following officers, appointed by the President:
          (1) A Director of the Secret Service.
          (2) A Chief Information Officer.
          (3) An Officer for Civil Rights and Civil Liberties.
          (4) A Director for Domestic Nuclear Detection.
  (f) Performance of Specific Functions.--Subject to the 
provisions of this Act, every officer of the Department shall 
perform the functions specified by law for the official's 
office or prescribed by the Secretary.
  (e) Chief Financial Officer.--There shall be in the 
Department a Chief Financial Officer, as provided in chapter 9 
of title 31, United States Code.

           *       *       *       *       *       *       *


      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
                         Access to Information

SEC. 201. INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION.

  (a) Intelligence and Analysis and Infrastructure 
Protection.--There shall be in the Department an Office of 
Intelligence and Analysis and an Office of Infrastructure 
Protection.
  (b) Under Secretary for Intelligence and Analysis and 
Assistant Secretary for Infrastructure Protection.--
          (1) Office of intelligence and analysis.--The Office 
        of Intelligence and Analysis shall be headed by an 
        Under Secretary for Intelligence and Analysis, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate.
          (2) Chief intelligence officer.--The Under Secretary 
        for Intelligence and Analysis shall serve as the Chief 
        Intelligence Officer of the Department.
          (3) Office of infrastructure protection.--The Office 
        of Infrastructure Protection shall be headed by an 
        Assistant Secretary for Infrastructure Protection, who 
        shall be appointed by the President.
  (c) Discharge of Responsibilities.--The Secretary shall 
ensure that the responsibilities of the Department relating to 
information analysis and infrastructure protection, including 
those described in subsection (d), are carried out through the 
Under Secretary for Intelligence and Analysis or the Assistant 
Secretary for Infrastructure Protection, as appropriate.
  (d) Responsibilities of Secretary Relating To Intelligence 
and Analysis and Infrastructure Protection.--The 
responsibilities of the Secretary relating to intelligence and 
analysis and infrastructure protection shall be as follows:
          (1) To access, receive, and analyze law enforcement 
        information, intelligence information, and other 
        information from agencies of the Federal Government, 
        State and local government agencies (including law 
        enforcement agencies), and private sector entities, and 
        to integrate such information, in support of the 
        mission responsibilities of the Department and the 
        functions of the National Counterterrorism Center 
        established under section 119 of the National Security 
        Act of 1947 (50 U.S.C. 404o), in order to--
                  (A) identify and assess the nature and scope 
                of terrorist threats to the homeland;
                  (B) detect and identify threats of terrorism 
                against the United States; and
                  (C) understand such threats in light of 
                actual and potential vulnerabilities of the 
                homeland.
          (2) To carry out comprehensive assessments of the 
        vulnerabilities of the key resources and critical 
        infrastructure of the United States, including the 
        performance of risk assessments to determine the risks 
        posed by particular types of terrorist attacks within 
        the United States (including an assessment of the 
        probability of success of such attacks and the 
        feasibility and potential efficacy of various 
        countermeasures to such attacks).
          (3) To integrate relevant information, analysis, and 
        vulnerability assessments (regardless of whether such 
        information, analysis or assessments are provided by or 
        produced by the Department) in order to--
                  (A) identify priorities for protective and 
                support measures regarding terrorist and other 
                threats to homeland security by the Department, 
                other agencies of the Federal Government, 
                State, and local government agencies and 
                authorities, the private sector, and other 
                entities; and
                  (B) prepare finished intelligence and 
                information products in both classified and 
                unclassified formats, as appropriate, whenever 
                reasonably expected to be of benefit to a 
                State, local, or tribal government (including a 
                State, local, or tribal law enforcement agency) 
                or a private sector entity.
          (4) To ensure, pursuant to section 202, the timely 
        and efficient access by the Department to all 
        information necessary to discharge the responsibilities 
        under this section, including obtaining such 
        information from other agencies of the Federal 
        Government.
          (5) To develop a comprehensive national plan for 
        securing the key resources and critical infrastructure 
        of the United States, including power production, 
        generation, and distribution systems, information 
        technology and telecommunications systems (including 
        satellites), electronic financial and property record 
        storage and transmission systems, emergency 
        preparedness communications systems, and the physical 
        and technological assets that support such systems.
          (6) To recommend measures necessary to protect the 
        key resources and critical infrastructure of the United 
        States in coordination with other agencies of the 
        Federal Government and in cooperation with State and 
        local government agencies and authorities, the private 
        sector, and other entities.
          (7) To review, analyze, and make recommendations for 
        improvements to the policies and procedures governing 
        the sharing of information within the scope of the 
        information sharing environment established under 
        section 1016 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 485), including 
        homeland security information, terrorism information, 
        and weapons of mass destruction information, and any 
        policies, guidelines, procedures, instructions, or 
        standards established under that section.
          (8) To disseminate, as appropriate, information 
        analyzed by the Department within the Department, to 
        other agencies of the Federal Government with 
        responsibilities relating to homeland security, [and to 
        agencies of State and local governments and private 
        sector entities with such responsibilities in order to 
        assist in the deterrence, prevention, preemption of, or 
        response to, terrorist attacks against the United 
        States.] to State, local, tribal, territorial, and 
        appropriate private entities with such 
        responsibilities, and, as appropriate, to the public, 
        in order to assist in preventing, protecting against, 
        preparing for, responding to, mitigating, and 
        recovering from terrorist attacks against the United 
        States.
          (9) To consult with the Director of National 
        Intelligence and other appropriate intelligence, law 
        enforcement, or other elements of the Federal 
        Government to establish collection priorities and 
        strategies for information, including law enforcement-
        related information, relating to threats of terrorism 
        against the United States through such means as the 
        representation of the Department in discussions 
        regarding requirements and priorities in the collection 
        of such information.
          (10) To consult with State and local governments and 
        private sector entities to ensure appropriate exchanges 
        of information, including law enforcement-related 
        information, relating to threats of terrorism against 
        the United States.
          (11) To ensure that--
                  (A) any material received pursuant to this 
                Act is protected from unauthorized disclosure 
                and handled and used only for the performance 
                of official duties; and
                  (B) any intelligence information under this 
                Act is shared, retained, and disseminated 
                consistent with the authority of the Director 
                of National Intelligence to protect 
                intelligence sources and methods under the 
                National Security Act of 1947 (50 U.S.C. 401 et 
                seq.) and related procedures and, as 
                appropriate, similar authorities of the 
                Attorney General concerning sensitive law 
                enforcement information.
          (12) To request additional information from other 
        agencies of the Federal Government, State and local 
        government agencies, and the private sector relating to 
        threats of terrorism in the United States, or relating 
        to other areas of responsibility assigned by the 
        Secretary, including the entry into cooperative 
        agreements through the Secretary to obtain such 
        information.
          (13) To establish and utilize, in conjunction with 
        the chief information officer of the Department, a 
        secure communications and information technology 
        infrastructure, including data-mining and other 
        advanced analytical tools, in order to access, receive, 
        and analyze data and information in furtherance of the 
        responsibilities under this section, and to disseminate 
        information acquired and analyzed by the Department, as 
        appropriate.
          (14) To ensure, in conjunction with the chief 
        information officer of the Department, that any 
        information databases and analytical tools developed or 
        utilized by the Department--
                  (A) are compatible with one another and with 
                relevant information databases of other 
                agencies of the Federal Government; and
                  (B) treat information in such databases in a 
                manner that complies with applicable Federal 
                law on privacy.
          (15) To coordinate training and other support to the 
        elements and personnel of the Department, other 
        agencies of the Federal Government, and State and local 
        governments that provide information to the Department, 
        or are consumers of information provided by the 
        Department, in order to facilitate the identification 
        and sharing of information revealed in their ordinary 
        duties and the optimal utilization of information 
        received from the Department.
          (16) To coordinate with elements of the intelligence 
        community and with Federal, State, and local law 
        enforcement agencies, and the private sector, as 
        appropriate.
          (17) To provide intelligence and information analysis 
        and support to other elements of the Department.
          (18) To coordinate and enhance integration among the 
        intelligence components of the Department, including 
        through strategic oversight of the intelligence 
        activities of such components.
          (19) To establish the intelligence collection, 
        processing, analysis, and dissemination priorities, 
        policies, processes, standards, guidelines, and 
        procedures for the intelligence components of the 
        Department, consistent with any directions from the 
        President and, as applicable, the Director of National 
        Intelligence.
          (20) To establish a structure and process to support 
        the missions and goals of the intelligence components 
        of the Department.
          (21) To ensure that, whenever possible, the 
        Department--
                  (A) produces and disseminates unclassified 
                reports and analytic products based on open-
                source information; and
                  (B) produces and disseminates such reports 
                and analytic products contemporaneously with 
                reports or analytic products concerning the 
                same or similar information that the Department 
                produced and disseminated in a classified 
                format.
          (22) To establish within the Office of Intelligence 
        and Analysis an internal continuity of operations plan.
          (23) Based on intelligence priorities set by the 
        President, and guidance from the Secretary and, as 
        appropriate, the Director of National Intelligence--
                  (A) to provide to the heads of each 
                intelligence component of the Department 
                guidance for developing the budget pertaining 
                to the activities of such component; and
                  (B) to present to the Secretary a 
                recommendation for a consolidated budget for 
                the intelligence components of the Department, 
                together with any comments from the heads of 
                such components.
          (24) To perform such other duties relating to such 
        responsibilities as the Secretary may provide.
          (25) To prepare and submit to the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security in the 
        House of Representatives, and to other appropriate 
        congressional committees having jurisdiction over the 
        critical infrastructure or key resources, for each 
        sector identified in the National Infrastructure 
        Protection Plan, a report on the comprehensive 
        assessments carried out by the Secretary of the 
        critical infrastructure and key resources of the United 
        States, evaluating threat, vulnerability, and 
        consequence, as required under this subsection. Each 
        such report--
                  (A) shall contain, if applicable, actions or 
                countermeasures recommended or taken by the 
                Secretary or the head of another Federal agency 
                to address issues identified in the 
                assessments;
                  (B) shall be required for fiscal year 2007 
                and each subsequent fiscal year and shall be 
                submitted not later than 35 days after the last 
                day of the fiscal year covered by the report; 
                and
                  (C) may be classified.
  (e) Staff.--
          (1) In general.--The Secretary shall provide the 
        Office of Intelligence and Analysis and the Office of 
        Infrastructure Protection with a staff of analysts 
        having appropriate expertise and experience to assist 
        such offices in discharging responsibilities under this 
        section.
          (2) Private sector analysts.--Analysts under this 
        subsection may include analysts from the private 
        sector.
          (3) Security clearances.--Analysts under this 
        subsection shall possess security clearances 
        appropriate for their work under this section.
  (f) Detail of Personnel.--
          (1) In general.--In order to assist the Office of 
        Intelligence and Analysis and the Office of 
        Infrastructure Protection in discharging 
        responsibilities under this section, personnel of the 
        agencies referred to in paragraph (2) may be detailed 
        to the Department for the performance of analytic 
        functions and related duties.
          (2) Covered agencies.--The agencies referred to in 
        this paragraph are as follows:
                  (A) The Department of State.
                  (B) The Central Intelligence Agency.
                  (C) The Federal Bureau of Investigation.
                  (D) The National Security Agency.
                  (E) The National Geospatial-Intelligence 
                Agency.
                  (F) The Defense Intelligence Agency.
                  (G) Any other agency of the Federal 
                Government that the President considers 
                appropriate.
          (3) Cooperative agreements.--The Secretary and the 
        head of the agency concerned may enter into cooperative 
        agreements for the purpose of detailing personnel under 
        this subsection.
          (4) Basis.--The detail of personnel under this 
        subsection may be on a reimbursable or non-reimbursable 
        basis.
  (g) Functions Transferred.--In accordance with title XV, 
there shall be transferred to the Secretary, for assignment to 
the Office of Intelligence and Analysis and the Office of 
Infrastructure Protection under this section, the functions, 
personnel, assets, and liabilities of the following:
          (1) The National Infrastructure Protection Center of 
        the Federal Bureau of Investigation (other than the 
        Computer Investigations and Operations Section), 
        including the functions of the Attorney General 
        relating thereto.
          (2) The National Communications System of the 
        Department of Defense, including the functions of the 
        Secretary of Defense relating thereto.
          (3) The Critical Infrastructure Assurance Office of 
        the Department of Commerce, including the functions of 
        the Secretary of Commerce relating thereto.
          (4) The National Infrastructure Simulation and 
        Analysis Center of the Department of Energy and the 
        energy security and assurance program and activities of 
        the Department, including the functions of the 
        Secretary of Energy relating thereto.
          (5) The Federal Computer Incident Response Center of 
        the General Services Administration, including the 
        functions of the Administrator of General Services 
        relating thereto.

           *       *       *       *       *       *       *


TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR 
                    SCIENCE AND TECHNOLOGY.

   The Secretary, acting through the Under Secretary for 
Science and Technology, shall have the responsibility for--
          (1) advising the Secretary regarding research and 
        development efforts and priorities in support of the 
        Department's missions;
          (2) developing, in consultation with other 
        appropriate executive agencies, a national policy and 
        strategic plan for, identifying priorities, goals, 
        objectives and policies for, and coordinating the 
        Federal Government's civilian efforts to identify and 
        develop countermeasures to chemical, biological,, and 
        other emerging terrorist threats, including the 
        development of comprehensive, research-based definable 
        goals for such efforts and development of annual 
        measurable objectives and specific targets to 
        accomplish and evaluate the goals for such efforts;
          (3) supporting the Under Secretary for Intelligence 
        and Analysis and the Assistant Secretary for 
        Infrastructure Protection, by assessing and testing 
        homeland security vulnerabilities and possible threats;
          (4) conducting basic and applied research, 
        development, demonstration, testing, and evaluation 
        activities that are relevant to any or all elements of 
        the Department, through both intramural and extramural 
        programs, except that such responsibility does not 
        extend to human health-related research and development 
        activities;
          (5) establishing priorities for, directing, funding, 
        and conducting national research, development, test and 
        evaluation, and procurement of technology and systems 
        for--
                  (A) preventing the importation of chemical, 
                biological,, and related weapons and material; 
                and
                  (B) detecting, preventing, protecting 
                against, and responding to terrorist attacks;
          (6) establishing a system for transferring homeland 
        security developments or technologies to Federal, 
        State, local government, and private sector entities;
          (7) entering into work agreements, joint 
        sponsorships, contracts, or any other agreements with 
        the Department of Energy regarding the use of the 
        national laboratories or sites and support of the 
        science and technology base at those facilities;
          (8) collaborating with the Secretary of Agriculture 
        and the Attorney General as provided in section 212 of 
        the Agricultural Bioterrorism Protection Act of 2002 (7 
        U.S.C. 8401), as amended by section 1709(b);
          (9) collaborating with the Secretary of Health and 
        Human Services and the Attorney General in determining 
        any new biological agents and toxins that shall be 
        listed as ``select agents'' in Appendix A of part 72 of 
        title 42, Code of Federal Regulations, pursuant to 
        section 351A of the Public Health Service Act (42 
        U.S.C. 262a);
          (10) supporting United States leadership in science 
        and technology;
          (11) establishing and administering the primary 
        research and development activities of the Department, 
        including the long-term research and development needs 
        and capabilities for all elements of the Department;
          (12) coordinating and integrating all research, 
        development, demonstration, testing, and evaluation 
        activities of the Department;
          (13) collaborating with the Assistant Secretary for 
        the Chemical, Biological, Radiological, Nuclear, and 
        Explosives Office on all chemical, biological, and 
        explosives research and development activities;
          [(13)] (14) coordinating with other appropriate 
        executive agencies in developing and carrying out the 
        science and technology agenda of the Department to 
        reduce duplication and identify unmet needs; and
          [(14)] (15) developing and overseeing the 
        administration of guidelines for merit review of 
        research and development projects throughout the 
        Department, and for the dissemination of research 
        conducted or sponsored by the Department.

           *       *       *       *       *       *       *


SEC. 307. HOMELAND SECURITY ADVANCED RESEARCH PROJECTS AGENCY.

  (a) Definitions.--In this section:
          (1) Fund.--The term ``Fund'' means the Acceleration 
        Fund for Research and Development of Homeland Security 
        Technologies established in subsection (c).
          (2) Homeland security research.--The term ``homeland 
        security research'' means research relevant to the 
        detection of, prevention of, protection against, 
        response to, attribution of, and recovery from homeland 
        security threats, particularly acts of terrorism.
          (3) HSARPA.--The term ``HSARPA'' means the Homeland 
        Security Advanced Research Projects Agency established 
        in subsection (b).
          (4) Under secretary.--The term ``Under Secretary'' 
        means the Under Secretary for Science and Technology.
  (b) Homeland Security Advanced Research Projects Agency.--
          (1) Establishment.--There is established the Homeland 
        Security Advanced Research Projects Agency.
          (2) Director.--HSARPA shall be headed by a Director, 
        who shall be appointed by the Secretary. The Director 
        shall report to the Under Secretary.
          (3) Responsibilities.--The Director shall administer 
        the Fund to award competitive, merit-reviewed grants, 
        cooperative agreements or contracts to public or 
        private entities, including businesses, federally 
        funded research and development centers, and 
        universities. The Director shall administer the Fund 
        to--
                  (A) support basic and applied homeland 
                security research to promote revolutionary 
                changes in technologies that would promote 
                homeland security;
                  (B) advance the development, testing and 
                evaluation, and deployment of critical homeland 
                security technologies;
                  (C) accelerate the prototyping and deployment 
                of technologies that would address homeland 
                security vulnerabilities; and
                  (D) conduct research and development for the 
                purpose of advancing technology for the 
                investigation of child exploitation crimes, 
                including child victim identification, 
                trafficking in persons, and child pornography, 
                and for advanced forensics.
          (4) Targeted competitions.--The Director may solicit 
        proposals to address specific vulnerabilities 
        identified by the Director.
          (5) Coordination.--The Director shall ensure that the 
        activities of HSARPA are coordinated with those of 
        other relevant research agencies, and may run projects 
        jointly with other agencies.
          (6) Personnel.--In hiring personnel for HSARPA, the 
        Secretary shall have the hiring and management 
        authorities described in section 1101 of the Strom 
        Thurmond National Defense Authorization Act for Fiscal 
        Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The 
        term of appointments for employees under subsection 
        (c)(1) of that section may not exceed 5 years before 
        the granting of any extension under subsection (c)(2) 
        of that section.
          (7) Demonstrations.--The Director, periodically, 
        shall hold homeland security technology demonstrations 
        to improve contact among technology developers, vendors 
        and acquisition personnel.
          (8) CBRNE defense.--The Director shall coordinate 
        with the Assistant Secretary for the Chemical, 
        Biological, Radiological, Nuclear, and Explosives 
        Office on all chemical, biological, and explosives 
        research and development activities.
  (c) Fund.--
          (1) Establishment.--There is established the 
        Acceleration Fund for Research and Development of 
        Homeland Security Technologies, which shall be 
        administered by the Director of HSARPA.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated $500,000,000 to the Fund 
        for fiscal year 2003 and such sums as may be necessary 
        thereafter.
          (3) Coast guard.--Of the funds authorized to be 
        appropriated under paragraph (2), not less than 10 
        percent of such funds for each fiscal year through 
        fiscal year 2005 shall be authorized only for the Under 
        Secretary, through joint agreement with the Commandant 
        of the Coast Guard, to carry out research and 
        development of improved ports, waterways and coastal 
        security surveillance and perimeter protection 
        capabilities for the purpose of minimizing the 
        possibility that Coast Guard cutters, aircraft, 
        helicopters, and personnel will be diverted from non-
        homeland security missions to the ports, waterways and 
        coastal security mission.

           *       *       *       *       *       *       *


TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


SEC. 516. CHIEF MEDICAL OFFICER.

  (a) In General.--There is in the Department a Chief Medical 
Officer, who shall be appointed by the President.
  (b) Qualifications.--The individual appointed as Chief 
Medical Officer shall possess a demonstrated ability in and 
knowledge of medicine and public health.
  (c) Responsibilities.--The Chief Medical Officer shall have 
the primary responsibility within the Department for medical 
issues related to natural disasters, including the health 
impacts of chemical, biological, radiological, and nuclear 
agents and explosives, acts of terrorism, and other man-made 
disasters, including--
          (1) serving as the principal advisor to the Secretary 
        and the Administrator on medical and public health 
        issues;
          [(2) coordinating the biodefense activities of the 
        Department;]
          (2) coordinating the Department's policy, strategy, 
        and preparedness for pandemics and emerging infectious 
        diseases;
          (3) ensuring internal and external coordination of 
        all medical preparedness and response activities of the 
        Department, including training, exercises, and 
        equipment support;
          (4) serving as the Department's primary point of 
        contact with the Department of Agriculture, the 
        Department of Defense, the Department of Health and 
        Human Services, the Department of Transportation, the 
        Department of Veterans Affairs, and other Federal 
        departments or agencies, on medical and public health 
        issues;
          (5) serving as the Department's primary point of 
        contact for State, local, and tribal governments, the 
        medical community, and others within and outside the 
        Department, with respect to medical and public health 
        matters;
          (6) discharging, in coordination with the [Under 
        Secretary for Science and Technology] Assistant 
        Secretary for the Chemical, Biological, Radiological, 
        Nuclear, and Explosives Office, the responsibilities of 
        the Department related to Project Bioshield; and
          (7) performing such other duties relating to such 
        responsibilities as the Secretary may require.

           *       *       *       *       *       *       *


    TITLE XIX-- [DOMESTIC NUCLEAR DETECTION OFFICE] NUCLEAR DIVISION

SEC. 1901. [DOMESTIC NUCLEAR DETECTION OFFICE]  NUCLEAR DIVISION.

  (a) Establishment.--[There shall be established in the 
Department a Domestic Nuclear Detection Office] There is in the 
Department a Nuclear Division, located in the CBRNE Office 
(referred to in this title as the ``Office''). The Secretary 
may request that the Secretary of Defense, the Secretary of 
Energy, the Secretary of State, the Attorney General, the 
Nuclear Regulatory Commission, and the directors of other 
Federal agencies, including elements of the Intelligence 
Community, provide for the reimbursable detail of personnel 
with relevant expertise to the Office.
  (b) Director.--The Office shall be headed by a [Director for 
Domestic Nuclear Detection, who shall be appointed by the 
President] Director of the Nuclear Division.

SEC. 1902. MISSION OF OFFICE.

  (a) Mission.--The Office shall be responsible for 
coordinating departmental strategy and policy relating to 
terrorist attacks and other high-consequence events utilizing 
nuclear or other radiological materials, and for coordinating 
Federal efforts to detect and protect against the unauthorized 
importation, possession, storage, transportation, development, 
or use of a nuclear explosive device, fissile material, or 
radiological material in the United States, and [to protect] 
protecting against attack using such devices or materials 
against the people, territory, or interests of the United 
States and, to this end, shall--
          (1) serve as the primary entity of the United States 
        Government to further develop, acquire, and support the 
        deployment of an enhanced domestic system to detect and 
        report on attempts to import, possess, store, 
        transport, develop, or use an unauthorized nuclear 
        explosive device, fissile material, or radiological 
        material in the United States, and improve that system 
        over time;
          (2) enhance and coordinate the nuclear detection 
        efforts of Federal, State, local, and tribal 
        governments and the private sector to ensure a managed, 
        coordinated response;
          (3) establish, with the approval of the Secretary and 
        in coordination with the Attorney General, the 
        Secretary of Defense, and the Secretary of Energy, 
        additional protocols and procedures for use within the 
        United States to ensure that the detection of 
        unauthorized nuclear explosive devices, fissile 
        material, or radiological material is promptly reported 
        to the Attorney General, the Secretary, the Secretary 
        of Defense, the Secretary of Energy, and other 
        appropriate officials or their respective designees for 
        appropriate action by law enforcement, military, 
        emergency response, or other authorities;
          (4) develop, with the approval of the Secretary and 
        in coordination with the Attorney General, the 
        Secretary of State, the Secretary of Defense, and the 
        Secretary of Energy, an enhanced global nuclear 
        detection architecture with implementation under 
        which--
                  (A) the Office will be responsible for the 
                implementation of the domestic portion of the 
                global architecture;
                  (B) the Secretary of Defense will retain 
                responsibility for implementation of Department 
                of Defense requirements within and outside the 
                United States; and
                  (C) the Secretary of State, the Secretary of 
                Defense, and the Secretary of Energy will 
                maintain their respective responsibilities for 
                policy guidance and implementation of the 
                portion of the global architecture outside the 
                United States, which will be implemented 
                consistent with applicable law and relevant 
                international arrangements;
          (5) ensure that the expertise necessary to accurately 
        interpret detection data is made available in a timely 
        manner for all technology deployed by the Office to 
        implement the global nuclear detection architecture;
          (6) conduct, support, coordinate, and encourage an 
        aggressive, expedited, evolutionary, and 
        transformational program of research and development to 
        generate and improve technologies to detect and prevent 
        the illicit entry, transport, assembly, or potential 
        use within the United States of a nuclear explosive 
        device or fissile or radiological material, and 
        coordinate with the Under Secretary for Science and 
        Technology on basic and advanced or transformational 
        research and development efforts relevant to the 
        mission of both organizations;
          (7) carry out a program to test and evaluate 
        technology for detecting a nuclear explosive device and 
        fissile or radiological material, in coordination with 
        the Secretary of Defense and the Secretary of Energy, 
        as appropriate, and establish performance metrics for 
        evaluating the effectiveness of individual detectors 
        and detection systems in detecting such devices or 
        material--
                  (A) under realistic operational and 
                environmental conditions; and
                  (B) against realistic adversary tactics and 
                countermeasures;
          (8) support and enhance the effective sharing and use 
        of appropriate information generated by the 
        intelligence community, law enforcement agencies, 
        counterterrorism community, other government agencies, 
        and foreign governments, as well as provide appropriate 
        information to such entities;
          (9) further enhance and maintain continuous awareness 
        by analyzing information from all Office mission-
        related detection systems;
          (10) lead the development and implementation of the 
        national strategic five-year plan for improving the 
        nuclear forensic and attribution capabilities of the 
        United States required under section 1036 of the 
        National Defense Authorization Act for Fiscal Year 
        2010;
          (11) establish, within the [Domestic Nuclear 
        Detection Office] Nuclear Division, the National 
        Technical Nuclear Forensics Center to provide 
        centralized stewardship, planning, assessment, gap 
        analysis, exercises, improvement, and integration for 
        all Federal nuclear forensics and attribution 
        activities--
                  (A) to ensure an enduring national technical 
                nuclear forensics capability to strengthen the 
                collective response of the United States to 
                nuclear terrorism or other nuclear attacks; and
                  (B) to coordinate and implement the national 
                strategic five-year plan referred to in 
                paragraph (10);
          (12) establish a National Nuclear Forensics Expertise 
        Development Program, which--
                  (A) is devoted to developing and maintaining 
                a vibrant and enduring academic pathway from 
                undergraduate to post-doctorate study in 
                nuclear and geochemical science specialties 
                directly relevant to technical nuclear 
                forensics, including radiochemistry, 
                geochemistry, nuclear physics, nuclear 
                engineering, materials science, and analytical 
                chemistry;
                  (B) shall--
                          (i) make available for undergraduate 
                        study student scholarships, with a 
                        duration of up to 4 years per student, 
                        which shall include, if possible, at 
                        least 1 summer internship at a national 
                        laboratory or appropriate Federal 
                        agency in the field of technical 
                        nuclear forensics during the course of 
                        the student's undergraduate career;
                          (ii) make available for doctoral 
                        study student fellowships, with a 
                        duration of up to 5 years per student, 
                        which shall--
                                  (I) include, if possible, at 
                                least 2 summer internships at a 
                                national laboratory or 
                                appropriate Federal agency in 
                                the field of technical nuclear 
                                forensics during the course of 
                                the student's graduate career; 
                                and
                                  (II) require each recipient 
                                to commit to serve for 2 years 
                                in a post-doctoral position in 
                                a technical nuclear forensics-
                                related specialty at a national 
                                laboratory or appropriate 
                                Federal agency after 
                                graduation;
                          (iii) make available to faculty 
                        awards, with a duration of 3 to 5 years 
                        each, to ensure faculty and their 
                        graduate students have a sustained 
                        funding stream; and
                          (iv) place a particular emphasis on 
                        reinvigorating technical nuclear 
                        forensics programs while encouraging 
                        the participation of undergraduate 
                        students, graduate students, and 
                        university faculty from historically 
                        Black colleges and universities, 
                        Hispanic-serving institutions, Tribal 
                        Colleges and Universities, Asian 
                        American and Native American Pacific 
                        Islander-serving institutions, Alaska 
                        Native-serving institutions, and 
                        Hawaiian Native-serving institutions; 
                        and
                  (C) shall--
                          (i) provide for the selection of 
                        individuals to receive scholarships or 
                        fellowships under this section through 
                        a competitive process primarily on the 
                        basis of academic merit and the nuclear 
                        forensics and attribution needs of the 
                        United States Government;
                          (ii) provide for the setting aside of 
                        up to 10 percent of the scholarships or 
                        fellowships awarded under this section 
                        for individuals who are Federal 
                        employees to enhance the education of 
                        such employees in areas of critical 
                        nuclear forensics and attribution needs 
                        of the United States Government, for 
                        doctoral education under the 
                        scholarship on a full-time or part-time 
                        basis;
                          (iii) provide that the Secretary may 
                        enter into a contractual agreement with 
                        an institution of higher education 
                        under which the amounts provided for a 
                        scholarship under this section for 
                        tuition, fees, and other authorized 
                        expenses are paid directly to the 
                        institution with respect to which such 
                        scholarship is awarded;
                          (iv) require scholarship recipients 
                        to maintain satisfactory academic 
                        progress; and
                          (v) require that--
                                  (I) a scholarship recipient 
                                who fails to maintain a high 
                                level of academic standing, as 
                                defined by the Secretary, who 
                                is dismissed for disciplinary 
                                reasons from the educational 
                                institution such recipient is 
                                attending, or who voluntarily 
                                terminates academic training 
                                before graduation from the 
                                educational program for which 
                                the scholarship was awarded 
                                shall be liable to the United 
                                States for repayment within 1 
                                year after the date of such 
                                default of all scholarship 
                                funds paid to such recipient 
                                and to the institution of 
                                higher education on the behalf 
                                of such recipient, provided 
                                that the repayment period may 
                                be extended by the Secretary if 
                                the Secretary determines it 
                                necessary, as established by 
                                regulation; and
                                  (II) a scholarship recipient 
                                who, for any reason except 
                                death or disability, fails to 
                                begin or complete the post-
                                doctoral service requirements 
                                in a technical nuclear 
                                forensics-related specialty at 
                                a national laboratory or 
                                appropriate Federal agency 
                                after completion of academic 
                                training shall be liable to the 
                                United States for an amount 
                                equal to--
                                          (aa) the total amount 
                                        of the scholarship 
                                        received by such 
                                        recipient under this 
                                        section; and
                                          (bb) the interest on 
                                        such amounts which 
                                        would be payable if at 
                                        the time the 
                                        scholarship was 
                                        received such 
                                        scholarship was a loan 
                                        bearing interest at the 
                                        maximum legally 
                                        prevailing rate;
          (13) provide an annual report to Congress on the 
        activities carried out under paragraphs (10), (11), and 
        (12); and
          (14) perform other duties as assigned by the 
        Secretary.
  (b) Definitions.--In this section:
          (1) Alaska native-serving institution.--The term 
        ``Alaska Native-serving institution'' has the meaning 
        given the term in section 317 of the Higher Education 
        Act of 1965 (20 U.S.C. 1059d).
          (2) Asian american and native american pacific 
        islander-serving institution.--The term ``Asian 
        American and Native American Pacific Islander-serving 
        institution'' has the meaning given the term in section 
        320 of the Higher Education Act of 1965 (20 U.S.C. 
        1059g).
          (3) Hawaiian native-serving institution.--The term 
        ``Hawaiian native-servinginstitution'' has the meaning 
        given the term in section 317 of the Higher Education 
        Act of 1965 (20 U.S.C. 1059d).
          (4) Hispanic-serving institution.--The term 
        ``Hispanic-serving institution'' has the meaning given 
        that term in section 502 of the Higher Education Act of 
        1965 (20 U.S.C. 1101a).
          (5) Historically black college or university.--The 
        term ``historically Black college or university'' has 
        the meaning given the term ``part B institution'' in 
        section 322(2) of the Higher Education Act of 1965 (20 
        U.S.C. 1061(2)).
          (6) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given that term 
        in section 316(b) of the Higher Education Act of 1965 
        (20 U.S.C. 1059c(b)).

[SEC. 1903. HIRING AUTHORITY.

  [In hiring personnel for the Office, the Secretary shall have 
the hiring and management authorities provided in section 1101 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments 
for employees under subsection (c)(1) of such section may not 
exceed 5 years before granting any extension under subsection 
(c)(2) of such section.]

           *       *       *       *       *       *       *


SEC. 1906. CONTRACTING AND GRANT MAKING AUTHORITIES.

   The Secretary, acting through the Director for [Domestic 
Nuclear Detection] the Nuclear Division, in carrying out the 
responsibilities under [paragraphs (6) and (7) of] section 
1902(a), shall--
          (1) operate extramural and intramural programs and 
        distribute funds through grants, cooperative 
        agreements, and other transactions and contracts;
          (2) ensure that activities under [paragraphs (6) and 
        (7) of] section 1902(a) include investigations of 
        radiation detection equipment in configurations 
        suitable for deployment at seaports, which may include 
        underwater or water surface detection equipment and 
        detection equipment that can be mounted on cranes and 
        straddle cars used to move shipping containers; and
          (3) have the authority to establish or contract with 
        1 or more federally funded research and development 
        centers to provide independent analysis of homeland 
        security issues and carry out other responsibilities 
        under this title.

SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR DETECTION 
                    ARCHITECTURE.

  (a) [Annual]Biennial Review.--
          (1) In general.--The Secretary, the Attorney General, 
        the Secretary of State, the Secretary of Defense, the 
        Secretary of Energy, and the Director of National 
        Intelligence shall jointly ensure interagency 
        coordination on the development and implementation of 
        the global nuclear detection architecture by ensuring 
        that, not less frequently than once [each year] every 
        two years--
                  (A) each relevant agency, office, or entity--
                          (i) assesses its involvement, 
                        support, and participation in the 
                        development, revision, and 
                        implementation of the global nuclear 
                        detection architecture; and
                          (ii) examines and evaluates 
                        components of the global nuclear 
                        detection architecture (including 
                        associated strategies and acquisition 
                        plans) relating to the operations of 
                        that agency, office, or entity, to 
                        determine whether such components 
                        incorporate and address current threat 
                        assessments, scenarios, or intelligence 
                        analyses developed by the Director of 
                        National Intelligence or other agencies 
                        regarding threats relating to nuclear 
                        or radiological weapons of mass 
                        destruction;
                  (B) each agency, office, or entity deploying 
                or operating any nuclear or radiological 
                detection technology under the global nuclear 
                detection architecture--
                          (i) evaluates the deployment and 
                        operation of nuclear or radiological 
                        detection technologies under the global 
                        nuclear detection architecture by that 
                        agency, office, or entity;
                          (ii) identifies performance 
                        deficiencies and operational or 
                        technical deficiencies in nuclear or 
                        radiological detection technologies 
                        deployed under the global nuclear 
                        detection architecture; and
                          (iii) assesses the capacity of that 
                        agency, office, or entity to implement 
                        the responsibilities of that agency, 
                        office, or entity under the global 
                        nuclear detection architecture; and
                  (C) the Director of the Domestic Nuclear 
                Detection Office and each of the relevant 
                departments that are partners in the National 
                Technical Forensics Center--
                          (i) include, as part of the 
                        assessments, evaluations, and reviews 
                        required under this paragraph, each 
                        office's or department's activities and 
                        investments in support of nuclear 
                        forensics and attribution activities 
                        and specific goals and objectives 
                        accomplished during the [previous year] 
                        previous two years pursuant to the 
                        national strategic five-year plan for 
                        improving the nuclear forensic and 
                        attribution capabilities of the United 
                        States required under section 1036 of 
                        the National Defense Authorization Act 
                        for Fiscal Year 2010;
                          (ii) attaches, as an appendix to the 
                        Joint Interagency [Annual] Biennial 
                        Review, the most current version of 
                        such strategy and plan; and
                          (iii) includes a description of new 
                        or amended bilateral and multilateral 
                        agreements and efforts in support of 
                        nuclear forensics and attribution 
                        activities accomplished during the 
                        [previous year] previous two years.
          (2) Technology.--Not less frequently than once [each 
        year] every two years, the Secretary shall examine and 
        evaluate the development, assessment, and acquisition 
        of radiation detection technologies deployed or 
        implemented in support of the domestic portion of the 
        global nuclear detection architecture.
  (b) [Annual]Biennial Report on Joint Interagency Review.--
          (1) In general.--Not later than March 31 of each odd-
        numbered year, the Secretary, the Attorney General, the 
        Secretary of State, the Secretary of Defense, the 
        Secretary of Energy, and the Director of National 
        Intelligence, shall jointly submit a report regarding 
        the implementation of this section and the results of 
        the reviews required under subsection (a) to--
                  (A) the President;
                  (B) the Committee on Appropriations, the 
                Committee on Armed Services, the Select 
                Committee on Intelligence, and the Committee on 
                Homeland Security and Governmental Affairs of 
                the Senate; and
                  (C) the Committee on Appropriations, the 
                Committee on Armed Services, the Permanent 
                Select Committee on Intelligence, the Committee 
                on Homeland Security, and the Committee on 
                Science and Technology of the House of 
                Representatives.
          (2) Form.--The [annual] biennial report submitted 
        under paragraph (1) shall be submitted in unclassified 
        form to the maximum extent practicable, but may include 
        a classified annex.
  (c) Definition.--In this section, the term ``global nuclear 
detection architecture'' means the global nuclear detection 
architecture developed under section 1902.

SEC. 1908. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION 
                    ARCHITECTURE.

  In carrying out the mission of the Office under subparagraph 
(A) of section 1902(a)(4), the Director of the Nuclear Division 
shall provide support for planning, organization, equipment, 
training, exercises, and operational assessments to Federal, 
State, local, tribal, and territorial governments to assist 
such governments in implementing radiological and nuclear 
detection capabilities in the event of terrorist attacks or 
other high-consequence events utilizing nuclear or other 
radiological materials that pose a high risk to homeland 
security. Such capabilities shall be integrated into the 
enhanced global nuclear detection architecture referred to in 
such section 1902(a)(4), and shall inform and be guided by 
architecture studies, technology needs, and research activities 
of the Office.

           *       *       *       *       *       *       *


                        TITLE XXII--CBRNE OFFICE

Subtitle A--Chemical, Biological, Radiological, Nuclear, and Explosives 
                                 Office

SEC. 2201. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND EXPLOSIVES 
                    OFFICE

  (a) Establishment There is established in the Department a 
Chemical, Biological, Radiological, Nuclear, and Explosives 
Office (referred to in this title as the ``CBRNE Office''). The 
CBRNE Office shall be comprised of the Chemical Division, the 
Biological Division, the Nuclear Division, and the Explosives 
Division. The CBRNE Office may include a Health Division.
  (b) Mission of Office The mission of the CBRNE Office is to 
coordinate, strengthen, and provide chemical, biological, 
radiological, nuclear, and explosives (CBRNE) capabilities in 
support of homeland security.
  (c) Assistant Secretary The Office shall be headed by an 
Assistant Secretary for the Chemical, Biological, Radiological, 
Nuclear, and Explosives Office (referred to in this title as 
the ``Assistant Secretary''), who shall be appointed by the 
President by and with the advice and consent of the Senate.
  (d) Responsibilities The Assistant Secretary shall--
          (1) develop, coordinate, and maintain overall CBRNE 
        strategy and policy for the Department;
          (2) develop, coordinate, and maintain for the 
        Department periodic CBRNE risk assessments;
          (3) serve as the primary Department representative 
        for coordinating CBRNE activities with other Federal 
        departments and agencies;
          (4) provide oversight for the Department's 
        preparedness for CBRNE threats;
          (5) provide support for operations during CBRNE 
        threats or incidents; and
          (6) carry out such other responsibilities as the 
        Secretary determines appropriate, consistent with this 
        title.
  (e) Other officers The Director of the Chemical Division, the 
Director of the Biological Division, the Director of the 
Nuclear Division, and the Director of the Explosives Division 
shall report directly to the Assistant Secretary.

SEC. 2202. COMPOSITION OF THE CBRNE OFFICE

  The Secretary shall transfer to the CBRNE Office, the 
functions, personnel, budget authority, and assets of the 
following:
          (1) The Office of Health Affairs as in existence on 
        the day before the date of the enactment of this title, 
        including the Chief Medical Officer authorized under 
        section 516, and the National Biosurveillance 
        Integration Center authorized under section 316.
          (2) The Domestic Nuclear Detection Office authorized 
        under title XIX, as in existence on the date before the 
        date of the enactment of this title (and redesignated 
        as the Nuclear Division).
          (3) CBRNE threat awareness and risk assessment 
        activities of the Science and Technology Directorate.
          (4) The CBRNE functions of the Office of Policy and 
        the Office of Operations Coordination.
          (5) The Office for Bombing Prevention of the National 
        Protection and Programs Directorate, as in existence on 
        the day before the date of the enactment of this title.

SEC. 2203. HIRING AUTHORITY

  In hiring personnel for the CBRNE Office, the Secretary shall 
have the hiring and management authorities provided in section 
1101 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105-261), 
except that the term of appointments for employees under 
subsection (c)(1) of such section may not exceed five years 
before granting any extension under subsection (c)(2) of such 
section.

SEC. 2204. GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANSACTIONS AND 
                    CONTRACTS

  The Assistant Secretary, in carrying out the responsibilities 
under this title, may distribute funds through grants, 
cooperative agreements, and other transactions and contracts.

SEC. 2205. TERRORISM RISK ASSESSMENTS

  (a) Terrorism risk assessments
          (1) In general The Assistant Secretary shall, in 
        coordination with relevant Department components and 
        other appropriate Federal departments and agencies, 
        develop, coordinate, and update periodically terrorism 
        risk assessments of chemical, biological, radiological, 
        and nuclear threats.
          (2) Comparison The Assistant Secretary shall develop, 
        coordinate, and update periodically an integrated 
        terrorism risk assessment that assesses all of the 
        threats referred to in paragraph (1) and, as 
        appropriate, explosives threats, and compares each such 
        threat against one another according to their relative 
        risk.
          (3) Inclusion in assessment Each terrorism risk 
        assessment under this subsection shall include a 
        description of the methodology used for each such 
        assessment.
          (4) Updates Each terrorism risk assessment under this 
        subsection shall be updated not less often than once 
        every two years.
          (5) Provision to Congress The Assistant Secretary 
        shall provide a copy of each risk assessment under this 
        subsection to the Committee on Homeland Security of the 
        House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate not 
        later than 30 days after completion of each such 
        assessment.
  (b) Methodology In developing the terrorism risk assessments 
under subsection (a), the Assistant Secretary, in consultation 
with appropriate Federal departments and agencies, shall--
          (1) assess the proposed methodology to be used for 
        such assessments; and
          (2) consider the evolving threat to the United States 
        as indicated by the intelligence community (as such 
        term is defined in section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 3003(4))).
  (c) Usage The terrorism risk assessments required under 
subsection (a) shall be used to inform and guide allocation of 
resources for chemical, biological, radiological, and nuclear 
threat activities of the Department.
  (d) Input and sharing The Assistant Secretary shall, for each 
terrorism risk assessment under subsection (a)--
          (1) seek input from national stakeholders and other 
        Federal, State, local, tribal, and territorial 
        officials involved in efforts to counter chemical, 
        biological, radiological, and nuclear threats;
          (2) ensure that written procedures are in place to 
        guide the development of such assessments, including 
        for input, review, and implementation purposes, among 
        relevant Federal partners;
          (3) share such assessments with Federal, State, 
        local, tribal, and territorial officials with 
        appropriate security clearances and a need for the 
        information in the classified versions of such 
        assessments; and
          (4) to the maximum extent practicable, make available 
        an unclassified version of such assessments for 
        Federal, State, local, tribal, and territorial 
        officials involved in prevention and preparedness for 
        chemical, biological, radiological, and nuclear events.

SEC. 2206. CBRNE COMMUNICATIONS AND PUBLIC MESSAGING

  (a) In general The Secretary, in coordination with the 
Assistant Secretary, shall develop an overarching risk 
communication strategy for terrorist attacks and other high 
consequence events utilizing chemical, biological, 
radiological, or nuclear agents or explosives that pose a high 
risk to homeland security, and shall--
          (1) develop threat-specific risk communication plans, 
        in coordination with appropriate Federal departments 
        and agencies;
          (2) develop risk communication messages, including 
        pre-scripted messaging to the extent practicable;
          (3) develop clearly defined interagency processes and 
        protocols to assure coordinated risk and incident 
        communications and information sharing during incident 
        response;
          (4) engage private and nongovernmental entities in 
        communications planning, as appropriate;
          (5) identify ways to educate and engage the public 
        about CBRNE threats and consequences;
          (6) develop strategies for communicating using social 
        and new media; and
          (7) provide guidance on risk and incident 
        communications for CBRNE events to State, local, 
        tribal, and territorial governments, and other 
        stakeholders, as appropriate.
  (b) Communication during response The Secretary shall provide 
appropriate timely, accurate information to the public, 
governmental partners, the private sector, and other 
appropriate stakeholders in the event of a suspected or 
confirmed terrorist attack or other high consequence event 
utilizing chemical, biological, radiological, or nuclear agents 
or explosives that pose a high risk to homeland security.
  (c) Reports
          (1) Development efforts Not later than 120 days after 
        the date of the enactment of this title, the Secretary 
        shall submit to the Committee on Homeland Security of 
        the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate a report on current and future efforts of the 
        Department to develop the communication strategy 
        required under subsection (a).
          (2) Finalization Not later than two years after the 
        date the report required under paragraph (1) is 
        submitted, the Secretary shall submit to the Committee 
        on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental 
        Affairs of the Senate the communication strategy 
        required under subsection (a).

SEC. 2207. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND EXPLOSIVES 
                    INTELLIGENCE AND INFORMATION SHARING

  (a) In general The Under Secretary of Intelligence and 
Analysis of the Department shall--
          (1) support homeland security-focused intelligence 
        analysis of terrorist actors, their claims, and their 
        plans to conduct attacks involving chemical, 
        biological, radiological, or nuclear materials or 
        explosives against the United States;
          (2) support homeland security-focused intelligence 
        analysis of global infectious diseases, public health, 
        food, agricultural, and veterinary issues;
          (3) support homeland security-focused risk analysis 
        and risk assessments of the homeland security hazards 
        described in paragraphs (1) and (2) by providing 
        relevant quantitative and nonquantitative threat 
        information;
          (4) leverage existing and emerging homeland security 
        intelligence capabilities and structures to enhance 
        prevention, protection, response, and recovery efforts 
        with respect to a chemical, biological, radiological, 
        nuclear, or explosives attack;
          (5) share appropriate information regarding such 
        threats to appropriate State, local, tribal, and 
        territorial authorities, as well as other national 
        biosecurity and biodefense stakeholders; and
          (6) perform other responsibilities, as assigned by 
        the Secretary.
  (b) Coordination Where appropriate, the Under Secretary of 
Intelligence and Analysis shall coordinate with the heads of 
other relevant Department components, including the Assistant 
Secretary, members of the intelligence community, including the 
National Counter Proliferation Center and the National 
Counterterrorism Center, and other Federal, State, local, 
tribal, and territorial authorities, including officials from 
high-threat areas, to enable such entities to provide 
recommendations on optimal information sharing mechanisms, 
including expeditious sharing of classified information, and on 
how such entities can provide information to the Department.
  (c) Report
          (1) In general Not later than one year after the date 
        of the enactment of this section and annually 
        thereafter, the Secretary shall submit to the Committee 
        on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental 
        Affairs of the Senate a report on--
                  (A) the intelligence and information sharing 
                activities under subsections (a) and (b) and of 
                all relevant entities within the Department to 
                prevent, protect against, prepare for, respond 
                to, mitigate, and recover from terrorist 
                attacks and other high consequence events 
                utilizing chemical, biological, radiological, 
                or nuclear agents or explosives that pose a 
                high risk to homeland security; and
                  (B) the Department's activities in accordance 
                with relevant intelligence strategies.
          (2) Assessment of implementation Each report required 
        under paragraph (1) shall also include--
                  (A) a description of methods established to 
                assess progress of the Office of Intelligence 
                and Analysis in implementing this section; and
                  (B) such assessment of such progress.
  (d) Definitions In this section:
          (1) Intelligence community The term ``intelligence 
        community'' has the meaning given such term in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 
        3003(4)).
          (2) National biosecurity and biodefense stakeholders 
        The term ``national biosecurity and biodefense 
        stakeholders'' means officials from Federal, State, 
        local, tribal, and territorial authorities and 
        individuals from the private sector who are involved in 
        efforts to prevent, protect against, prepare for, 
        respond to, mitigate, and recover from a biological 
        attack or other phenomena that may have serious health 
        consequences for the United States, including 
        infectious disease outbreaks.

                     Subtitle B--Chemical Division

SEC. 2211. CHEMICAL DIVISION.

  (a) Establishment.--There is established in the CBRNE Office 
a Chemical Division, headed by a Director of the Chemical 
Division (in this subtitle referred to as the ``Director'').
  (b) Mission and Responsibilities.--The Director shall be 
responsible for coordinating departmental strategy and policy 
relating to terrorist attacks and other high-consequence events 
utilizing chemical agents that pose a high risk to homeland 
security, including the following:
          (1) Developing and maintaining the Department's 
        strategy against chemical threats.
          (2) Serving as the Department representative for 
        chemical threats and related activities with other 
        Federal departments and agencies.
          (3) Providing oversight of the Department's 
        preparedness, including operational requirements, for 
        chemical threats.
          (4) Enhancing the capabilities of Federal, State, 
        local, tribal, and territorial governments, and private 
        entities as appropriate, against chemical threats.
          (5) Evaluating and providing guidance to Federal, 
        State, local, tribal, and territorial governments, and 
        private entities as appropriate, on detection and 
        communication technology that could be effective in 
        terrorist attacks and other high-consequence events 
        utilizing chemical agents.
          (6) Supporting and enhancing the effective sharing 
        and use of appropriate information generated by the 
        intelligence community (as such term is defined in 
        section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 3003(4))), law enforcement agencies, other 
        Federal, State, local tribal, and territorial 
        governments, and foreign governments, on chemical 
        threats.

SEC. 2212. DEMONSTRATION PROJECTS.

  (a) In General.--The Director may, subject to the 
availability of appropriations for such purpose, partner with 
high-risk urban areas or facilities to conduct demonstration 
projects to enhance, through Federal, State, local, tribal, and 
territorial governments, and private entities, capabilities of 
the United States to counter terrorist attacks and other high-
consequence events utilizing chemical agents that pose a high 
risk to homeland security.
  (b) Goals.--The Director may provide guidance and evaluations 
for all situations and venues at risk of terrorist attacks and 
other high-consequence events utilizing chemical agents, such 
as at ports, areas of mass gathering, and transit facilities, 
and may--
          (1) ensure all high-risk situations and venues are 
        studied; and
          (2) ensure key findings and best practices are made 
        available to State, local, tribal, and territorial 
        governments and the private sector.
  (c) Congressional Notification.--The Director shall notify 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate not later than 30 days 
before initiating a new demonstration project.

                    Subtitle C--Biological Division

SEC. 2221. BIOLOGICAL DIVISION.

  (a) Establishment.--There is established in the CBRNE Office 
a Biological Division, headed by a Director of the Biological 
Division (in this subtitle referred to as the ``Director'').
  (b) Mission and Responsibilities.--The Office shall be 
responsible for coordinating departmental strategy and policy 
relating to terrorist attacks and other high-consequence events 
utilizing biological agents that pose a high risk to homeland 
security, including the following:
          (1) Developing and maintaining the Department's 
        strategy against biological threats.
          (2) Serving as the Department representative for 
        biological threats and related activities with other 
        Federal departments and agencies.
          (3) Providing oversight for the Department's 
        preparedness, including operational requirements, for 
        biological threats.
          (4) Enhancing the capabilities of Federal, State, 
        local, tribal, and territorial governments, and private 
        entities as appropriate, against biological threats.
          (5) Supporting and enhancing the effective sharing 
        and use of appropriate information generated by the 
        intelligence community (as such term is defined in 
        section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 3003(4))), law enforcement agencies, other 
        Federal, State, local, tribal, and territorial 
        governments, and foreign governments, on biological 
        threats.
          (6) Achieving a biological detection program.
          (7) Maintaining the National Biosurveillance 
        Integration Center, authorized under section 316.

                      Subtitle D--Nuclear Division

SEC. 2231. NUCLEAR DIVISION.

  (a) Establishment.--The Secretary shall include within the 
CBRNE Office the Nuclear Division under title XIX, headed by 
the Director of the Nuclear Division (in this subtitle referred 
to as the ``Director'') pursuant to section 1901.
  (b) Mission and Responsibilities.--In addition to the 
responsibilities specified in title XIX, the Director shall 
also be responsible for coordinating departmental strategy and 
policy relating to terrorist attacks and other high-consequence 
events utilizing nuclear or other radiological materials, and 
for coordinating Federal efforts to detect and protect against 
the unauthorized importation, possession, storage, 
transportation, development, or use of a nuclear explosive 
device, fissile material, or radiological material in the 
United States, and to protect against an attack using such 
devices or materials against the people, territory, or 
interests of the United States, in accordance with title XIX.

                    Subtitle E--Explosives Division

SEC. 2241. EXPLOSIVES DIVISION.

  (a) Establishment.--There is established within the CBRNE 
Office an Explosives Division, headed by a Director of the 
Explosives Division (in this subtitle referred to as the 
``Director'').
  (b) Mission and Responsibilities.--The Director shall be 
responsible for coordinating departmental strategy and policy 
relating to terrorist attacks and other high-consequence events 
utilizing explosives that pose a high risk to homeland 
security, including the following:
          (1) Developing and maintaining the Department's 
        strategy against explosives threats.
          (2) Serving as the Department representative for 
        explosives threats and related activities with other 
        Federal departments and agencies.
          (3) Providing oversight of the Department's 
        preparedness, including operational requirements, for 
        explosives threats.
          (4) Enhancing the capabilities of Federal, State, 
        local, tribal, and territorial governments, and private 
        entities as appropriate, to counter terrorist attacks 
        and other high-consequence events utilizing explosives.
          (5) Evaluating and providing guidance to Federal, 
        State, local, tribal, and territorial governments and 
        appropriate private entities on detection and 
        communication technology that could be effective during 
        terrorist attacks or other high-consequence events 
        utilizing explosives.
          (6) Supporting and enhancing the effective sharing 
        and use of appropriate information generated by the 
        intelligence community (as such term is defined in 
        section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 3003(4))), law enforcement agencies, other 
        Federal, State, local, tribal, and territorial 
        government agencies, and foreign governments, on 
        explosives threats.

                            ADDITIONAL VIEWS

    On Wednesday, November 4, 2015, the Committee on Homeland 
Security approved, H.R. 3875, the ``Department of Homeland 
Security CBRNE Defense Act of 2015,'' as amended. While I 
remain skeptical about the reorganization scheme advanced by 
the Department of Homeland Security (DHS) and H.R. 3875, I am 
pleased that the Committee accepted an amendment I offered to 
make key refinements to the legislation to address some of my 
concerns.
    Pursuant to the explanatory statement accompanying the 
``Consolidated and Further Continuing Appropriations Act, 
2013'' [P.L. 113-6], DHS was directed to ``to ensure clear 
assignment of responsibilities and unrestricted lines of 
communication both within the Department and in DHS engagement 
with the interagency and intergovernmental community'' and ``to 
undertake an in-depth review of its organization, operations, 
and communications in carrying out its WMD programs, to include 
an evaluation of potential improvements in performance and 
possible savings in costs that might be gained by consolidation 
of current organizations and missions.'' The Department was 
required to submit the results of its review to Congress by 
September 1, 2013.
    Subsequently, I wrote to the Government Accountability 
Office (GAO) in April 2013 and requested that it assess whether 
and how the Department should realign its programs related to 
chemical, biological, radiological, nuclear, and explosives 
(CBRNE) threats. I would note that, prior to enactment of P.L. 
113-6, the report language attached to the House appropriation 
package directed GAO to ``review the Department's submission 
and provide an assessment of whether and how proposed changes 
would improve DHS coordination with the interagency on WMD 
defense issues.''\1\
---------------------------------------------------------------------------
    \1\Report language accompanying H.R. 5855, the ``Department of 
Homeland Security Appropriations Act, 2013'' (H. Rept. 112-492), which 
served as the basis for the explanatory statement accompanying P.L. 
113-6.
---------------------------------------------------------------------------
    GAO, however, could not begin work until the Department 
submitted the findings of its review to Congress.
    In June of this year, the Department transmitted the 
findings of its WMD programs review--nearly two years behind 
schedule. Although the report proposed consolidating the Office 
of Health Affairs (OHA), the Domestic Nuclear Detection Office 
(DNDO), elements of the Science and Technology Directorate 
(S&T;), the Office of Bombing and Explosives, and some staff 
from the Office of Policy, details as to why consolidation of 
these programs was appropriate and how it would improve the 
execution of the WMD mission were scant. In the Committee's 
subsequent discussions with the Department, DHS stated that it 
did not anticipate cost savings from this reorganization and 
did not say that this reorganization is necessary to make the 
troubled BioWatch program or the long-suffering National 
Biosurveillance Integration Center effective.
    Last month, the Committee was informed by GAO that it has 
begun its work to evaluate the Department's proposal and a 
final report is expected to be delivered in five to six months. 
Subsequently, I communicated to the Majority my belief that the 
Department and, for that matter, this Committee would benefit 
from waiting a few months to commence consideration of 
legislation to establish a CBRNE office so that GAO's findings 
can be evaluated and integrated.
    On October 28, 2015, the Blue Ribbon Study Panel on 
Biodefense, chaired by former Secretary of Homeland Security 
Tom Ridge and former Senator Joe Lieberman, released a report 
making over 30 recommendations on improving the nation's 
biodefense capabilities. Those recommendations should have 
informed this legislation, particularly those that involve two 
of DHS's signature biodetection and biosurveillance programs--
BioWatch and the National Biosurveillance Integration Center 
(NBIC).
    However, because the Full Committee moved forward with 
consideration of H.R. 3875 just one day after the Committee 
received testimony from the leaders of the Blue Ribbon Study 
Panel on Biodefense, that was not possible. The Full Committee 
bypassed regular order to hastily consider H.R. 3875 with no 
time to evaluate the Blue Ribbon Study Panel recommendations 
and without the benefit of considering GAO's forthcoming review 
of DHS' proposal.
    One of the chief arguments in favor of this proposed 
reorganization has been the need to bring DHS in line with 
other Federal agencies that have consolidated their WMD 
activities. We came to learn in meetings prior to consideration 
of this legislation that CBRNE activities have not, in fact, 
been fully consolidated at other Federal agencies, including 
the Department of Defense. I would also note that the 
reorganization called for under H.R. 3875 would not fully 
consolidate CBRNE activities at DHS. Indeed, CBRNE activities 
will continue at the Federal Emergency Management Agency, the 
National Programs and Protection Directorate, and the Science 
and Technology Directorate.
    H.R. 3875 does not alter DHS' responsibilities with respect 
to CBRNE risks. Rather, it alters how the men and women who are 
charged with addressing these risks are organized. While the 
Majority correctly observes in the report accompanying H.R. 
3875 that the Committee has done years of oversight of DHS' 
activities in the CBRNE mission space, it is hard to see how 
H.R. 3875 reflects that oversight. This Committee has 
identified problems DHS has experienced gaining and analyzing 
biosurveillence data within NBIC and serious acquisitions 
challenges at OHA and DNDO. H.R. 3875 does nothing to tackle 
these challenges. Instead, it places its energy on pushing 
together organizations that have historically struggled to 
carry out their missions and have achieved varying levels of 
success in addressing the challenges this Committee has 
identified through its oversight.
    I authored an amendment making important improvements to 
the underlying bill to stave off some of the potential problems 
that the kind of reorganization called for under H.R. 3875 can 
cause. My amendment, which was accepted, included language that 
underscored my belief that a far more likely outcome than this 
reorganization generating cost savings is that it will 
necessitate new expenditure--particularly the provision of 
retention bonuses to highly skilled, much-sought-after nuclear 
and biodefense experts who otherwise would leave DHS because of 
their lowered position and reduced prospects for advancement.
    In any merger, there are perceived ``winners'' and 
``losers'' within each organization involved. It is 
unreasonable to expect anything different with this 
reorganization. That said, DHS is not just any organization or 
company. It is responsible for keeping our country secure from 
a broad array of threats. As a Nation, we cannot afford to have 
focus and attention towards the CBRNE mission diminished as a 
result of the unavoidable staff upheaval and infighting that 
come with a reorganization of this order.
    My amendment seeks to protect the role of the Chief Medical 
Officer as a leader within the Department on public health and 
medical issues. This Committee worked in a bipartisan manner in 
2007 to authorize the Chief Medical Officer position to, among 
other things, serve as the principal advisor to the DHS 
Secretary and FEMA Administrator on medical and public health 
issues. Moreover, my amendment preserves this key advisory 
role, even as the Chief Medical Officer's budget, personnel, 
and resources get folded into this new office. Moreover, it 
allows for the establishment of a ``Health Division'' within 
the new office, which could serve as a base of operations for 
the Chief Medical Officer's public health activities.
    Although I am skeptical about advancing the reorganization 
mandated by H.R. 3875, particularly at this time of heightened 
threat, I am hopeful that it will be successful and will 
closely monitor implementation, should H.R. 3875 or any other 
such reorganization legislation be enacted into law.

                                                 Bennie G. Thompson

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