HR 3116 Introduced – DHS Authorization

As I noted in my congressional hearing blog post on Monday, Rep. King (R,NY) introduced HR 3116, the Department of Homeland Security Authorization Act for Fiscal Year 2012, last week. On Monday he also published an amendment in the nature of a substitute on his Committee’s web site for today’s markup of that bill. Since it is that substitute language that will actually get marked up today, I’ll use that for this review of the chemical security provisions of the bill.

No CFATS Language

As would be expected there is no language in this bill that would authorize or modify the CFATS program. While nearly everyone is firmly in favor of keeping this program in operation the wording of program extension would be very controversial. That controversy might actually prevent the consideration of the bill.

A clean, one-year extension like we see in the spending bills would not be a problem, but switching that extension to the authorization bill, might not allow the program to continue. Congress must pass spending bills each year (in some form or another), but an authorization bill is not really required. Note: there has not been a DHS authorization bill passed since the Homeland Security Act of 2002 brought the Department into being.

Weapons of Mass Destruction

Sections 501 through 510 are pretty much a ‘lite’ version of the bioweapons provisions of HR 2356. As I noted in my blog on the introduction of that bill, there is nothing in this lite version that would directly address the use of chemical facilities or transports as defacto chemical weapons. As in HR 2356 there are provisions here that might have effects on chemical security and emergency response planning and execution. Those provision include:

• Sec. 502. Weapons of mass destruction intelligence and information sharing;

• Sec. 503. Risk assessments;

• Sec. 504. Individual and community preparedness;

• Sec. 507. Communications planning;

• Sec. 508. Response guidelines concerning weapons of mass destruction;

• Sec. 509. Plume modeling; and

• Sec. 510. Disaster recovery.

None of these provisions specifically address chemical security, rather they include the generic terminology ‘chemical, biological, radiological, or nuclear attack’ (CBRN). One would hope that any supporting regulations would emphasize the fact that attacks on chemical facilities or transport would be the easiest way to effect a CBRN attack, but I wouldn’t hold my breath.

I addressed most of these provisions in some depth in my posting on HR 2356 and see nothing here that would require a change in those comments.

SARS Immunity

Title VIII provides for immunity for reports of suspected terrorist activity or suspicious behavior and response. This is essentially the same wording as found in King’s HR 495 that I addressed in an earlier blog posting on that bill. Nothing new to see here, keep moving.

Moving Forward

Actually, that’s all there is; for chemical security issues at least. Completely overlooked is any mention of cyber security issues or programs within DHS. Since both Rep. King and Sen. Lieberman (I,CT), chairs of their respective homeland security committees, want to see a DHS authorization bill passed, I don’t see any reason why some version of this bill or S 1546 (see my posting on that bill) could not pass in this session; besides consideration of appropriations, jobs and other politically important legislation, of course.