[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5405 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5405
To amend the National Security Act of 1947, to direct the Director of
National Intelligence to submit a biennial report on the biodefense
activities and duties of the intelligence community, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2021
Mr. Swalwell introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
_______________________________________________________________________
A BILL
To amend the National Security Act of 1947, to direct the Director of
National Intelligence to submit a biennial report on the biodefense
activities and duties of the intelligence community, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biological Intelligence Oversight
Reporting Act''.
SEC. 2. BIENNIAL REPORT ON BIODEFENSE ACTIVITIES AND DUTIES OF
INTELLIGENCE COMMUNITY.
(a) Biennial Report.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by adding at the end the following
new section (and conforming the table of contents at the beginning of
such Act accordingly):
``SEC. 121. BIENNIAL REPORT ON BIODEFENSE ACTIVITIES AND DUTIES.
``(a) Report.--On a biennial basis, the Director of National
Intelligence, in coordination with the heads of the elements of the
intelligence community determined relevant by the Director, shall
submit to the congressional intelligence committees a comprehensive
report on the activities, prioritization, and responsibilities of the
intelligence community relating to biodefense and biological threats.
``(b) Elements Included.--Each report under subsection (a) shall
include, with respect to the time period covered by the report, the
following:
``(1) A detailed description of all covered activities
undertaken by the intelligence community, dissaggregated by
element of the intelligence community.
``(2) A detailed description of all covered duties that
are--
``(A) explicitly assigned to, or led by, the Office
of the Director of National Intelligence (including the
National Intelligence Council, the National
Intelligence Management Council, and any center in the
Office of the Director of National Intelligence);
``(B) explicitly assigned to, or led by, an element
of the intelligence community other than the element
specified in subparagraph (A); or
``(C) otherwise shared collectively by, or jointly
within, the intelligence community.
``(3) An assessment of any gaps in the covered activities
or covered duties of the intelligence community.
``(4) An inventory and assessment of the current
authorities, strategies, plans, policies, and interagency
agreements of the intelligence community relating to biodefense
or the countering of biological threats, including with respect
to prevention, deterrence, preparedness, detection, response,
attribution, recovery, and mitigation.
``(5) An assessment of any gaps in the authorities,
strategies, plans, policies, or interagency agreements
described in paragraph (4).
``(6) A detailed description and characterization of the
following:
``(A) The coordination among the elements of the
intelligence community with respect to covered
activities and covered duties.
``(B) The coordination and integration between
elements of the intelligence community and non-
intelligence community partners with respect to covered
activities and covered duties.
``(C) Any interactions between the elements of the
intelligence community and non-intelligence community
partners with respect to covered activities,
disseggregated by element of the intelligence
community.
``(D) Any interactions between the elements of the
intelligence community and the managers of intelligence
functions (as specified in section 103J of this title)
with respect to covered activities.
``(E) Any interactions between the entities
specified in subparagraph (D) and the President with
respect to covered activities, including an
identification of any positions within the Executive
Office of the President involved in such interactions.
``(7) A detailed description of how funds are used to carry
out biological intelligence activities, including covered
activities of the intelligence community.
``(8) An assessment of the spread and effect of foreign-
sourced misinformation and disinformation relating to
biodefense and biological threats.
``(9) A detailed description of the capabilities of the
intelligence community that could contribute to any efforts by
non-intelligence community partners to such misinformation and
disinformation.
``(10) A detailed description of any previous, ongoing, or
planned efforts or activities of the intelligence community in
support of the implementation of the National Biodefense
Strategy by the Biodefense Steering Committee, or such
successor committee.
``(11) An inventory and assessment of the current
strategies, plans, policies, and interagency agreements of the
intelligence community in support of the Biodefense Steering
Committee, or such successor committee, and the implementation
of the National Biodefense Strategy.
``(12) A description of assessed opportunities for the
intelligence community to further enhance the capabilities and
effectiveness of the Biodefense Steering Committee, or such
successor committee, with respect to the implementation of the
National Biodefense Strategy.
``(c) Form.--Any report required to be submitted under subsection
(a) may be submitted in a classified form.
``(d) Definitions.--In this section:
``(1) Biodefense.--The term `biodefense' includes actions
to counter biological threats, reduce risks associated with
such threats, and prepare for, respond to, and recover from,
biological incidents.
``(2) Biodefense steering committee.--The term `Biodefense
Steering Committee' means the committee established pursuant to
the presidential memorandum issued on September 18, 2018, and
titled `Presidential Memorandum on the Support for National
Biodefense'.
``(3) Biological threat.--The term `biological threat'
includes biological warfare, bioterrorism, naturally occurring
infectious diseases, and accidental exposures.
``(4) Covered activity.--The term `covered activity'--
``(A) means an activity relating to biodefense or
biological threats; and
``(B) includes any intelligence, science and
technology, or research and development activity
relating to biodefense or a biological threat.
``(5) Covered duty.--The term `covered duty' means a duty
or responsibility relating to biodefense or biological threats.
``(6) National biodefense strategy.--The term `National
Biodefense Strategy' means the strategy specified in section
1086 of the National Defense Authorization Act for Fiscal Year
2017 (6 U.S.C. 104).
``(7) Non-intelligence community partner.--The term `non-
intelligence community partner' means a department or agency of
the Federal government, a State or local government, an Indian
Tribe, or a territory of the United States, that is not an
element of the intelligence community.''.
(b) First Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees (as such term is
defined in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) the first report required under section 121 of such Act, as
added by subsection (a).
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