[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2589 Reported in Senate (RS)]
<DOC>
Calendar No. 578
116th CONGRESS
2d Session
H. R. 2589
[Report No. 116-286]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 15, 2019
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
November 9, 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 a homeland
intelligence doctrine for the Department of 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 ``Unifying DHS Intelligence
Enterprise Act''.</DELETED>
<DELETED>SEC. 2. HOMELAND INTELLIGENCE DOCTRINE.</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 adding at the
end the following new section:</DELETED>
<DELETED>``SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE.</DELETED>
<DELETED> ``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the Secretary, acting through the
Chief Intelligence Officer of the Department, in coordination with
intelligence components of the Department, the Office of the General
Counsel, the Privacy Office, and the Office for Civil Rights and Civil
Liberties, shall develop and disseminate written Department-wide
guidance for the processing, analysis, production, and dissemination of
homeland security information (as such term is defined in section 892)
and terrorism information (as such term is defined in section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485)).</DELETED>
<DELETED> ``(b) Contents.--The guidance required under subsection
(a) shall, at a minimum, include the following:</DELETED>
<DELETED> ``(1) A description of guiding principles and
purposes of the Department's intelligence enterprise.</DELETED>
<DELETED> ``(2) A summary of the roles, responsibilities,
and programs of each intelligence component of the Department
in the processing, analysis, production, or dissemination of
homeland security information and terrorism information,
including relevant authorities and restrictions applicable to
each such intelligence component.</DELETED>
<DELETED> ``(3) Guidance for the processing, analysis, and
production of such information.</DELETED>
<DELETED> ``(4) Guidance for the dissemination of such
information, including within the Department, among and between
Federal departments and agencies, among and between State,
local, Tribal, and territorial governments, including law
enforcement, and with foreign partners and the private sector,
consistent with the protection of privacy, civil rights, and
civil liberties.</DELETED>
<DELETED> ``(5) A description of how the dissemination to
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)))
and Federal law enforcement of such information assists such
entities in carrying out their respective missions.</DELETED>
<DELETED> ``(c) Form.--The guidance required under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.</DELETED>
<DELETED> ``(d) Annual Review.--For each of the 5 fiscal years
beginning with the first fiscal year that begins after the date of the
enactment of this section, the Secretary shall conduct a review of the
guidance required under subsection (a) and, as appropriate, revise such
guidance.''.</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 210G the following new item:</DELETED>
<DELETED>``Sec. 210H. Homeland intelligence doctrine.''.
<DELETED>SEC. 3. COMPTROLLER GENERAL ASSESSMENT.</DELETED>
<DELETED> (a) Annual Assessment Required.--Not later than 1 year
after the date of the enactment of this Act and again not later than 5
years thereafter, 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 degree to which guidance
established pursuant to section 210H of the Homeland Security Act of
2002 (as added by section 2 of this Act) is implemented across the
Department of Homeland Security. Such assessment should evaluate the
extent to which such guidance is carried out in a manner that protects
privacy, civil rights, and civil liberties.</DELETED>
<DELETED> (b) Elements of Assessment.--In conducting each assessment
under subsection (a), the Comptroller General of the United States
shall--</DELETED>
<DELETED> (1) use standard methodology and reporting formats
in order to demonstrate and display any changes over time;
and</DELETED>
<DELETED> (2) include any other subject matter the
Comptroller General determines appropriate.</DELETED>
<DELETED> (c) Access to Relevant Data.--To carry out this section,
the Secretary of Homeland Security shall ensure that the Comptroller
General of the United States has access to all relevant data.</DELETED>
<DELETED>SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER.</DELETED>
<DELETED> Paragraph (1) of section 201(e) of the Homeland Security
Act of 2002 (6 U.S.C. 121(e)) is amended by adding at the end the
following new sentence: ``The Secretary shall also provide the Chief
Intelligence Officer with a staff having appropriate expertise and
experience to assist the Chief Intelligence Officer.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unifying DHS Intelligence Components
Act''.
SEC. 2. HOMELAND INTELLIGENCE DOCTRINE.
(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 adding at the end the
following:
``SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE.
``(a) Definitions.--In this section--
``(1) the term `intelligence' has the meaning given that
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003);
``(2) the term `intelligence information' includes--
``(A) 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);
``(B) national intelligence, as defined in section
3 of the National Security Act of 1947 (50 U.S.C.
3003); and
``(C) any other intelligence collected, gathered,
processed, analyzed, produced, or disseminated by an
intelligence component of the Department necessary to
execute the mission and discharge the lawful
preventive, protective, enforcement, or other
responsibilities of the Secretary; and
``(3) the term `terrorism information' has the meaning
given that term in section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485).
``(b) Developing Intelligence Doctrine.--Not later than 180 days
after the date of the enactment of this section, the Secretary shall--
``(1) develop and disseminate written Department-wide
intelligence doctrine for the intelligence components of the
Department;
``(2) develop Department-wide policies, standards, and
programs for--
``(A) training relating to the collection,
processing, analysis, and dissemination of intelligence
information, intelligence-related information, and
terrorism information by personnel within the
intelligence components of the Department; and
``(B) coordinating the intelligence and
intelligence-related education of personnel within the
intelligence components of the Department; and
``(3) develop Department-wide policies for gathering and
developing lessons learned relating to intelligence
information, intelligence-related information, and terrorism
information, disseminating the lessons learned to personnel
within the intelligence components of the Department, and using
the lessons learned to inform the further development of the
intelligence doctrine.
``(c) Contents.--The intelligence doctrine, policies, standards,
and programs required under subsection (b) shall, at a minimum, include
the following:
``(1) A description of the fundamental principles guiding
the collection, processing, analysis, and dissemination of
intelligence information by, and oversight of the intelligence
activities of, the intelligence components of the Department.
``(2) A standardized terminology and summary describing
roles, relationships, responsibilities, and processes relating
to the collection, processing, analysis, production, and
dissemination of intelligence information by, and oversight of
the intelligence activities of, the intelligence components of
the Department.
``(3) The use of the intelligence doctrine as a foundation
for and to inform the development of the Department-wide
training and education referred to in subsection (b)(2), and
the incorporation, as appropriate, of intelligence and
intelligence-related exercises, best practices, and lessons
learned.
``(4) Guidance for the dissemination of intelligence
information, including within the Department, among and between
Federal departments and agencies, among and between members of
the intelligence community, among and between State, local,
Tribal, and Territorial governments (including law enforcement
agencies), with foreign partners, and with the private sector.
``(5) The protection of privacy, civil rights, and civil
liberties in the conduct of intelligence and intelligence-
related activities by the intelligence components of the
Department.
``(6) Any mission statements, strategic and planning
documents, and other pertinent documents relevant to the
organizational structure and guidance provided to the
intelligence components of the Department.
``(d) Form.--The intelligence doctrine, policies, standards, and
programs required under subsection (b) shall be disseminated in
unclassified form, but may include a classified annex.
``(e) Review and Revision.--
``(1) Required reviews.--Not later than 1 year after the
date of enactment of this section, and every year thereafter
for 4 years, the Secretary shall conduct a review of and, as
appropriate, revise the intelligence doctrine, policies,
standards, and programs required under subsection (b).
``(2) Subsequent reviews.--After the end of the period
described in paragraph (1), the Secretary shall conduct a
review of and, as appropriate, revise the intelligence
doctrine, policies, standards, and programs required under
subsection (b) on an as needed basis.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 210G the following:
``Sec. 210H. Homeland intelligence doctrine.''.
SEC. 3. COMPTROLLER GENERAL ASSESSMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Homeland Security and Governmental Affairs and the
Select Committee on Intelligence of the Senate and the Committee on
Homeland Security and the Permanent Select Committee on Intelligence of
the House of Representatives a report--
(1) assessing the degree to which the intelligence
doctrine, policies, standards, and programs established
pursuant to section 210H of the Homeland Security Act of 2002
(as added by section 2 of this Act) are implemented across the
Department of Homeland Security;
(2) evaluating the extent to which the intelligence
doctrine, policies, standards, and programs are carried out in
a manner that protects privacy, civil rights, and civil
liberties; and
(3) incorporating an in-depth analysis, including an
assessment of effectiveness and possible areas for improvement,
of--
(A) the intelligence and intelligence-related
training programs of the intelligence components of the
Department (as defined in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101));
(B) the utilization of other executive branch
intelligence and intelligence-related training programs
by the intelligence components of the Department;
(C) the utilization of international or a foreign
nation's intelligence and intelligence-related training
programs by the intelligence components of the
Department; and
(D) the utilization of private sector intelligence
and intelligence-related training programs by the
intelligence components of the Department of Homeland
Security.
(b) Elements of Assessment.--In conducting the assessment under
subsection (a), the Comptroller General of the United States shall--
(1) use standard methodology and reporting formats in order
to demonstrate and display any variations between standards in
effect before the date of enactment of this Act and standards
in effect after the date of enactment of this Act; and
(2) include any other subject matter the Comptroller
General determines appropriate.
(c) Access to Relevant Data.--The Secretary of Homeland Security
shall ensure that the Comptroller General of the United States has
access to all data relevant to carrying out this section.
SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER.
Section 201(e)(1) of the Homeland Security Act of 2002 (6 U.S.C.
121(e)(1)) is amended by adding at the end the following: ``The
Secretary shall also provide the Chief Intelligence Officer with a
staff having appropriate expertise and experience to assist the Chief
Intelligence Officer.''.
SEC. 5. SAVINGS CLAUSE.
(a) Definition.--In this section, the term ``intelligence
community'' has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
(b) Savings Clause.--Nothing in this Act or an amendment made by
this Act shall affect or diminish--
(1) the authority and responsibilities of the Commandant of
the Coast Guard to--
(A) command or control the Coast Guard as an armed
force; or
(B) act as the head of an element of the
intelligence community; or
(2) the authority of the Director of National Intelligence
with respect to the Coast Guard as an element of the
intelligence community.
Calendar No. 578
116th CONGRESS
2d Session
H. R. 2589
[Report No. 116-286]
_______________________________________________________________________
AN ACT
To amend the Homeland Security Act of 2002 to establish a homeland
intelligence doctrine for the Department of Homeland Security, and for
other purposes.
_______________________________________________________________________
November 9, 2020
Reported with an amendment