[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1589 Reported in Senate (RS)]
<DOC>
Calendar No. 437
116th CONGRESS
2d Session
H. R. 1589
[Report No. 116-222]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2019
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
March 2, 2020
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To amend the Homeland Security Act of 2002 to establish chemical,
biological, radiological, and nuclear intelligence and information
sharing functions of the Office of Intelligence and Analysis of the
Department of Homeland Security and to require dissemination of
information analyzed by the Department to entities with
responsibilities relating to homeland security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``CBRN Intelligence and
Information Sharing Act of 2019''.</DELETED>
<DELETED>SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.</DELETED>
<DELETED> (a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting
after section 210E the following new section:</DELETED>
<DELETED>``SEC. 210F. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.</DELETED>
<DELETED> ``(a) In General.--The Office of Intelligence and Analysis
of the Department of Homeland Security shall--</DELETED>
<DELETED> ``(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 against the United States,
including critical infrastructure;</DELETED>
<DELETED> ``(2) support homeland security-focused
intelligence analysis of global infectious disease, public
health, food, agricultural, and veterinary issues;</DELETED>
<DELETED> ``(3) support homeland security-focused risk
analysis and risk assessments of the homeland security hazards
described in paragraphs (1) and (2), including the
transportation of chemical, biological, nuclear, and
radiological materials, by providing relevant quantitative and
nonquantitative threat information;</DELETED>
<DELETED> ``(4) leverage existing and emerging homeland
security intelligence capabilities and structures to enhance
early detection, prevention, protection, response, and recovery
efforts with respect to a chemical, biological, radiological,
or nuclear attack;</DELETED>
<DELETED> ``(5) share information and provide tailored
analytical support on such threats to State, local, Tribal, and
territorial authorities, and other Federal agencies, as well as
relevant national biosecurity and biodefense stakeholders, as
appropriate; and</DELETED>
<DELETED> ``(6) perform other responsibilities, as assigned
by the Secretary.</DELETED>
<DELETED> ``(b) Coordination.--Where appropriate, the Office of
Intelligence and Analysis shall coordinate with other relevant
Department components, including the Countering Weapons of Mass
Destruction Office and the National Biosurveillance Integration Center,
agencies within the intelligence community, including the National
Counter Proliferation Center, and other Federal, State, local, Tribal,
and territorial authorities, including officials from high-threat urban
areas, State and major urban area fusion centers, and local public
health departments, as appropriate, and 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.</DELETED>
<DELETED> ``(c) Definitions.--In this section:</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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, respond to, and recover from a biological attack or
other phenomena that may have serious health consequences for
the United States, including infectious disease
outbreaks.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by inserting after
the item relating to section 201E the following new item:</DELETED>
<DELETED>``Sec. 210F. Chemical, biological, radiological, and nuclear
intelligence and information sharing.''.
<DELETED> (c) Report.--</DELETED>
<DELETED> (1) In general.--Not later than one year after the
date of the enactment of this Act and annually thereafter for
each of the following four years, the Secretary of Homeland
Security shall report to the appropriate congressional
committees on the following:</DELETED>
<DELETED> (A) The intelligence and information
sharing activities under section 210F of the Homeland
Security Act of 2002 (as added by subsection (a) of
this section) and of all relevant entities within the
Department of Homeland Security to counter the threat
from attacks using chemical, biological, radiological,
or nuclear materials.</DELETED>
<DELETED> (B) The Department's activities in
accordance with relevant intelligence
strategies.</DELETED>
<DELETED> (2) Assessment of implementation.--The reports
required under paragraph (1) shall include the
following:</DELETED>
<DELETED> (A) An assessment of the progress of the
Office of Intelligence and Analysis of the Department
of Homeland Security in implementing such section
210F.</DELETED>
<DELETED> (B) A description of the methods
established to carry out such assessment.</DELETED>
<DELETED> (3) Definition.--In this subsection, the term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate and any committee of the House of Representatives or the
Senate having legislative jurisdiction under the rules of the
House of Representatives or Senate, respectively, over the
matter concerned.</DELETED>
<DELETED>SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE
DEPARTMENT TO STATE, LOCAL, TRIBAL, TERRITORIAL, AND
PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO
HOMELAND SECURITY.</DELETED>
<DELETED> Paragraph (6) 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 private entities
with such responsibilities, and, as appropriate, to the public, in
order to assist in preventing, deterring, or responding to acts of
terrorism against the United States.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CBRN Intelligence and Information
Sharing Act of 2019''.
SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE
AND INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after
section 210E the following:
``SEC. 210F. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.
``(a) In General.--The Secretary, acting through the Undersecretary
for Intelligence and Analysis, and working with the intelligence
components of the Department, shall--
``(1) coordinate the analysis of the intentions,
capabilities, and plans of individuals or organizations
threatening or preparing to conduct attacks against the
homeland (including key resources and critical infrastructure
of the United States) involving the use of chemical,
biological, radiological, or nuclear materials, devices, or
agents;
``(2) coordinate the analysis of threats to homeland
security from global infectious disease and other food,
agricultural, or veterinary threats to public health;
``(3) ensure the integration of the analysis described in
paragraphs (1) and (2) with assessments of the vulnerability of
and risks to the people, territory, key resources, and critical
infrastructure of the United States from chemical, biological,
nuclear, and radiological materials, devices, or agents;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to--
``(A) plan for, detect, and protect against the
importation, possession, storage, transportation,
development, or use of unauthorized chemical,
biological, radiological, or nuclear materials,
devices, or agents in the United States; and
``(B) protect against an attack using such
materials, devices, or agents against the people,
territory, or interests of the United States;
``(5) share information and provide tailored analytical
support on these threats to State, local, Tribal authorities
and other Federal agencies, as appropriate; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Undersecretary for
Intelligence and Analysis shall--
``(1) coordinate with--
``(A) other Departmental components, including the
Countering Weapons of Mass Destruction Office, the
Cybersecurity and Infrastructure Security Agency, the
Science and Technology Directorate; and
``(B) other Federal, State, local, and Tribal
entities, including officials from high-threat urban
areas, State and major urban area fusion centers, and
local public health departments; and
``(2) enable such components and entities to provide
recommendations on--
``(A) optimal information sharing mechanisms,
including expeditious sharing of classified
information; and
``(B) how such components and entities can provide
information to the Undersecretary and other components
of the Department.
``(c) Definition.--In this section, the term `fusion center' has
the meaning given the term in section 210A.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by inserting after the item relating to section 210E the
following:
``Sec. 210F. Chemical, biological, radiological, and nuclear
intelligence and information sharing.''.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall report to the appropriate congressional
committees on--
(A) the intelligence and information sharing
activities under section 210F of the Homeland Security
Act of 2002 (as added by subsection (a) of this
section) and of all relevant entities within the
Department of Homeland Security to counter the threat
from global infectious disease and attacks using
chemical, biological, radiological, or nuclear
materials, devices, or agents; and
(B) the Department's activities in accordance with
relevant intelligence strategies.
(2) Assessment of implementation.--The reports required
under paragraph (1) shall include--
(A) an assessment of the progress of the Department
of Homeland Security in implementing such section 210F;
and
(B) a description of the methods established to
carry out such assessment.
(3) Termination.--This subsection shall terminate on the
date that is 5 years after the date of enactment of this Act.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate and
any committee of the House of Representatives or the Senate
having legislative jurisdiction under the rules of the House of
Representatives or Senate, respectively, over the matter
concerned.
Calendar No. 437
116th CONGRESS
2d Session
H. R. 1589
[Report No. 116-222]
_______________________________________________________________________
AN ACT
To amend the Homeland Security Act of 2002 to establish chemical,
biological, radiological, and nuclear intelligence and information
sharing functions of the Office of Intelligence and Analysis of the
Department of Homeland Security and to require dissemination of
information analyzed by the Department to entities with
responsibilities relating to homeland security, and for other purposes.
_______________________________________________________________________
March 2, 2020
Reported with an amendment