Strengthening Domestic Nuclear Security Act of 2014

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5629) to amend the Homeland Security Act of 2002 to strengthen the Domestic Nuclear Detection Office, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and to include extraneous materials on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

I rise today in support of H.R. 5629, the Strengthening Domestic Nuclear Security Act of 2014.

We know extremist groups such as al Qaeda and ISIS have shown interest in acquiring nuclear and radiological materials, and in July of this year, Islamist insurgents seized nuclear materials which were used for scientific research at Mosul University in Iraq. Fortunately, the material that was seized was not enriched to the point it could be used in weapons form, but it proves that our enemies are actively seeking materials that could be turned into a dirty bomb.

The Domestic Nuclear Detection Office is the lead agency within the United States Government for coordinating efforts to detect and intercept radiological and nuclear devices that threaten to come into the United States. DNDO coordinates these efforts through an interagency system and a collaborative framework known as the global nuclear detection architecture, which DNDO is responsible for implementing domestically.

DNDO works with other Department of Homeland Security components, including Customs and Border Protection, as well as State and local law enforcement to provide these entities with the equipment and training which is needed to interdict radiological or nuclear material before it can enter into the United States.

DNDO has had its share of struggles in the past, but over the past several years it has made significant improvements from top to bottom and today is one of the best functioning components in the Department of Homeland Security. We have done the oversight. According to an internal review that was done by the Department, this actual division has the highest morale of any department in Homeland Security. They are to be commended for their good work.

This legislation looks to build on the momentum that has been created by making modest improvements to better help DNDO carry out its mission. Specifically, H.R. 5629 strengthens DNDO's engagement with other DHS components and stakeholders and codifies acquisition procedures and guidelines to prevent the breakdowns that have occurred in the past.

Through my subcommittee's oversight, the gentlewoman from New York and I have had the ability to determine that performing the joint interagency review of the global nuclear detection architecture annually was not necessary, so H.R. 5629 also changes the review to require it every 2 years instead. DNDO has advised us that by making that small change, DHS could save up to $800,000. I think it is important to be fiscal stewards of the dollars that are under our oversight. This accomplishes that.

This legislation also codifies and strengthens the Securing the Cities

program, a program to enhance the ability to detect and prevent radiological or nuclear attacks in high-risk U.S. cities. This program has been very successful in building up the resources of New York City and is being expanded to the national capital region and Los Angeles and Long Beach.

I urge my colleagues to support this important legislation to build on the capacity of the Department of Homeland Security to protect the homeland against such an attack.

Mr. Speaker, with that, I reserve the balance of my time.

Mr. Speaker, after my remarks, I will insert into the Record an exchange of letters between the Committee on Homeland Security and the Committee on Science, Space, and Technology.

Mr. Speaker, I yield myself such time as I may consume.

I want to also take a moment to thank the ranking member for her engagement and collaboration on the many issues that we had the opportunity to work on together, to share this collaboration and engagement of important matters before our Committee on Homeland Security, particularly work that we were able to do, as you have identified, on cybersecurity and, I think, also on chemical facilities and the protection which is so important to our homeland in that area as well. I have genuinely enjoyed the collaboration and look forward to hoping that we not only pass the bills that we have before this Congress, but that we can continue to work together into the future.

I urge all Members to join me in supporting this bipartisan bill, and I yield back the balance of my time.

House of Representatives, Committee on Science, Space,

and Technology,

Washington, DC, December 1, 2014.

Hon. Michael McCaul,

Chairman, Committee on Homeland Security, Washington, DC.

Dear Chairman McCaul: I am writing to you concerning the

jurisdictional interest of the Committee on Science, Space,

and Technology in H.R. 5629, the ``Strengthening Domestic

Nuclear Security Act.'' The bill contains provisions that

fall within the jurisdiction of the Committee on Science,

Space, and Technology.

I recognize and appreciate the desire to bring this

legislation before the House of Representatives in an

expeditious manner, and accordingly, I will waive further

consideration of this bill in Committee, notwithstanding any

provisions that fall within the jurisdiction of the Committee

on Science, Space, and Technology. This waiver, of course, is

conditional on our mutual understanding that agreeing to

waive consideration of this bill should not be construed as

waiving, reducing, or affecting the jurisdiction of the

Committee on Science, Space, and Technology.

This waiver is also given with the understanding that the

Committee on Science, Space, and Technology expressly

reserves its authority to seek conferees on any provision

within its jurisdiction during any House-Senate conference

that may be convened on this, or any similar legislation. I

ask for your commitment to support any request by the

Committee for conferees on H.R. 5629 as well as any similar

or related legislation.

I ask that a copy of this letter and your response be

placed in the Congressional Record during consideration of

this bill on the House floor.

Sincerely,

Lamar Smith,

Chairman.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, on December 1, 2014, on Roll Call #532 on the Motion to Suspend the Rules and Pass, as Amended H.R. 5629-- Strengthening Domestic Nuclear Security Act of 2014, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 1, 2014, on Roll Call #533 on the Motion to Suspend the Rules and Pass H.R. 3438--National Laboratories Mean National Security Act, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 2, 2014, on Roll Call #534 on the Motion to Suspend the Rules and Pass S. 2040--Blackfoot River Land Exchange Act of

2014, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 2, 2014, on Roll Call #535 on the Motion to Suspend the Rules and Pass H.R. 5050--May 31, 1918 Act Repeal Act, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 2, 2014, on Roll Call #536 on the Motion to Suspend the Rules and Pass, as Amended H.R. 3572--To revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 2, 2014, on Roll Call #537 on the Motion to Suspend the Rules and Pass H.R. 5739--No Social Security for Nazis Act, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 2, 2014, on Roll Call #538 on the Motion to Suspend the Rules and H.R. 3240--Regulation D Study Act, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 2, 2014, on Roll Call #539 on the Motion to Suspend the Rules and Pass, as Amended H.R. 2366--World War I American Veterans Centennial Commemorative Coin Act, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 3, 2014, on Roll Call #540 on H. Res. 766, Providing for consideration of the bill (H.R. 5771) to amend the Internal Revenue Code of 1986 to extend certain expiring provisions and make technical corrections, and for other purposes, and providing for consideration of the bill (H.R. 647) to amend the Internal Revenue Code of 1986 to provide for the tax treatment of ABLE accounts established under State programs for the care of family members with disabilities, and for other purposes. Had I been present, I would have voted NAY.

On December 3, 2014, on Roll Call #541 on the Motion to Suspend the Rules and H.R. 5769--``To authorize appropriations for the Coast Guard for fiscal year 2015, and for other purposes.'', I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 3, 2014, on Roll Call #543 on the Democratic Motion to Recommit H.R. 5771, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 3, 2014, on Roll Call #544 on Passage of H.R. 5771--Tax Increase Prevention Act, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 3, 2014, on Roll Call #545 on Passage of H.R. 647-- Achieving a Better Life Experience Act, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 4, 2014, on Roll Call #546 on the Motion on Ordering the Previous Question on the Rule, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted NAY.

On December 4, 2014, on Roll Call #547 on H. Res. 770--Rule providing for consideration of the Motion to Concur in the Senate Amendment with an Amendment to H.R. 3979--National Defense Authorization Act for Fiscal Year 2015, H.R. 5759--``Preventing Executive Overreach on Immigration Act,'' and H.R. 5781--California Emergency Drought Relief Act of 2014, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted NAY.

On December 4, 2014, on Roll Call #548 on H. Res. 758--Strongly condemning the actions of the Russian Federation, under Vladimir Putin, which has carried out a policy of aggression against neighboring countries aimed at political and economic domination, as amended, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 4, 2014, on Roll Call #549 on the Democratic Motion to Recommit H.R. 5759, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

On December 4, 2014, on Roll Call #550 on Passage of H.R. 5759, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted NAY.

On December 4, 2014, on Roll Call #551 on the Motion to Concur in the Senate Amendment with an Amendment to H.R. 3979, I am not recorded because I was absent for medical reasons. Had I been present, I would have voted YEA.

Mr. Speaker, I yield myself such time as I may consume.

I rise in support of H.R. 5629, the Strengthening Domestic Nuclear Security Act of 2014.

The bill under consideration today would essentially codify important existing authorities and programs within the Department of Homeland Security's Domestic Nuclear Detection Office, or DNDO as it is known.

Congress has long emphasized the need to detect and interdict smuggled nuclear radiological material before it enters the United States, funding investments in nuclear detection domestically and abroad.

Since 2001, the Department of Homeland Security has adopted a strategy of securing the border and ports through the use of radiation portal monitors and nonintrusive imaging equipment. Under the leadership of Dr. Huban Gowadia, DNDO leads the Department's efforts at developing, testing, and evaluating next-generation detection equipment.

For the record, this measure is being considered today outside regular order, without any formal legislative action taken on it in committee. Given that we are in the waning days of the 113th Congress, I support bypassing regular order so that the House is afforded the opportunity to consider this legislation. The timing is important, as the Secretary is expected to transmit to Congress analysis about how efforts at addressing chemical, biological, radiological, and nuclear threats could be streamlined as part of the ``unity of effort'' campaign.

I would note that in advance of the introduction of H.R. 5629, the subcommittee on which I serve as ranking member did conduct an oversight hearing in July where we received wide-ranging testimony about DNDO's programs and activities from the Department and the Government Accountability Office. Testimony from GAO underscored DNDO's historical challenges with the Advanced Spectroscopic Portal, or ASP, program.

Back in 2006, one of the urgent, initial activities of DNDO when it was stood up was the development and placement of technology to detect illicit nuclear materials and devices that could be shipped in cargo entering the United States. The plan was for advanced spectroscopic portals to be installed at all U.S. ports and selected border crossings to screen cargo shipments for nuclear materials. That acquisition turned out to be a debacle, with DNDO moving forward on acquisition decisions well before the technology had been demonstrated to live up to its promise. Those missteps cost taxpayers billions of dollars. Subsequently, the ASP program was canceled.

The current DNDO leadership and, for that matter, DHS leadership seem to have taken these tough lessons to heart and put in place some significant new processes and controls in the acquisitions process to help avoid another such debacle.

One of the important features of this bill is the authorization of the Securing the Cities program. This program represents a real success for DNDO. Under the Securing the Cities program, DNDO works with local State, city, and tribal leaders to bolster technical nuclear detection capabilities, nuclear forensic efforts, and coordination of nonconventional threats. As a New Yorker, I have special interest in this program, which has done so much to help keep my city secure from nonconventional terrorist threats.

Mr. Speaker, I want to thank the chairman for his bipartisan approach in developing this language and look forward to working with him in the future on this important program.

I would like to take a moment to acknowledge my partner on this subcommittee, the gentleman from Pennsylvania (Mr. Meehan). You have been a great collaborator and friend to me on this committee. Together, we have amassed a record of bipartisanship to be proud of, particularly in the area of cybersecurity. I wish you well in all of your future endeavors, and I thank you once again.

With that, Mr. Speaker, I urge support for H.R. 5629, the Strengthening Domestic Nuclear Security Act of 2014, and I yield back the balance of my time.

Mr. Speaker, I was unavoidably absent during the week of December 1, 2014. If I were present, I would have voted on the following: rollcall No. 532--On final passage of H.R. 5629--``yea;'' rollcall No. 533--On final passage of H.R. 3438-- ``yea;'' rollcall No. 534--On final passage of S. 2040--``yea;'' rollcall No. 535--On final passage of H.R. 5050--``yea;'' rollcall No. 536--On final passage of H.R. 3572--``yea;'' rollcall No. 537--On final passage of H.R. 5739--``yea;'' rollcall No. 538--On final passage of H.R. 3240--``yea;'' rollcall No. 539--On final passage of H.R. 2366-- ``yea;'' rollcall No. 540--On final passage of H. Res. 766--``nay;'' rollcall No. 541--On final passage of H.R. 5769--``yea;'' rollcall No. 542--On approving the Journal--``yea;'' rollcall No. 543--On motion to recommit with instructions--``yea;'' rollcall No. 544--On final passage of H.R. 5771--``aye;'' rollcall No. 545--On final passage of H.R. 647-- ``yea;'' rollcall No. 546--On ordering the previous question on the rule--``nay;'' rollcall No. 547--On final passage of H. Res. 770-- ``no;'' rollcall No. 548--On final passage of H. Res. 758--``yea;'' rollcall No. 549--On Motion to recommit with instructions--``yea;'' rollcall No. 550--On final passage of H.R. 5759--``nay;'' rollcall No. 551--On motion to concur with amendment on H.R. 3979--``yea.''

personal explanation

Mr. Speaker, on rollcall vote No. 549 on the Democrat Motion to Recommit on H.R. 5759 I intended to vote ``no''; on rollcall vote No. 550 on H.R. 5759--Executive Amnesty Prevention Act of 2014 I intended to vote ``aye''; on rollcall vote No. 551 on the passage of H.R. 3979--Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015--Concur in the Senate Amendment with a House Amendment I intended to vote ``aye''--I was away from the floor due to a family emergency.