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116th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {        116-94

======================================================================



 
                UNIFYING DHS INTELLIGENCE ENTERPRISE ACT

                                _______
                                

  May 30, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2589]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2589) to amend the Homeland Security Act of 2002 
to establish a homeland intelligence doctrine for the 
Department of Homeland Security, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     5
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Unifying DHS Intelligence Enterprise 
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 new section:

``SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE.

  ``(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)).
  ``(b) Contents.--The guidance required under subsection (a) shall, at 
a minimum, include the following:
          ``(1) A description of guiding principles and purposes of the 
        Department's intelligence enterprise.
          ``(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.
          ``(3) Guidance for the processing, analysis, and production 
        of such information.
          ``(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.
          ``(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.
  ``(c) Form.--The guidance required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
  ``(d) Annual Review.--For each of the five 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.''.
  (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:

``Sec. 210H. Homeland intelligence doctrine.''.

SEC. 3. COMPTROLLER GENERAL ASSESSMENT.

  (a) Annual Assessment Required.--Not later than one year after the 
date of the enactment of this Act and again not later than five 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.
  (b) Elements of Assessment.--In conducting each 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 changes over time; and
          (2) include any other subject matter the Comptroller General 
        determines appropriate.
  (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.

SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER.

  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.''.

                          Purpose and Summary

    H.R. 2589, the ``Unifying DHS Intelligence Enterprise 
Act,'' seeks to improve the Department of Homeland Security's 
(DHS) intelligence enterprise by ensuring intelligence officers 
across DHS are sharing information and countering threats in a 
unified manner. The bill directs the DHS Secretary, acting 
through the Chief Intelligence Officer, 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, to develop and disseminate written 
Department-wide guidance for the processing, analysis, 
production, and dissemination of homeland security information 
and terrorism information. The bill also requires an assessment 
and description of how the dissemination to the intelligence 
community and Federal law enforcement of such information 
assists such entities in carrying out their respective 
missions. An annual review of the guidance by the Secretary is 
required for each of the five years beginning with the first 
fiscal year that begins after the date of enactment. 
Additionally, the Secretary shall provide the Chief 
Intelligence Officer with a staff having the appropriate 
expertise and experience to assist the Chief Intelligence 
Officer.

                  Background and Need for Legislation

    In December 2016, the Committee on Homeland Security 
released Reviewing the Department of Homeland Security's 
Intelligence Enterprise, a comprehensive review of the 
Department's use of intelligence to counter terrorist threats 
and prescribed 30 recommendations. Since the Department was 
established intelligence and information sharing capabilities 
have matured but DHS still lacks a coordinated intelligence 
enterprise. Given the diversity of missions across the 
Department, it is vital that component intelligence officers 
are working together, sharing information, and vetting that 
information against intelligence community holdings. This bill 
allows the Department to function with the same precision in 
the handling of intelligence information as its Intelligence 
Community counterparts.

                                Hearings

    The Committee did not hold a legislative hearing on H.R. 
2589 in the 116th Congress. However, the Committee held the 
following oversight hearings:

115th Congress

    On April 18, 2018, the Committee held a hearing entitled 
``From Boston to Austin: Lessons Learned on Homeland Threat 
Information Sharing.'' The Committee received testimony from 
Mr. Brian Manley, Chief, Austin Police Department, Austin, 
Texas; Mr. William B. Evans, Commissioner, Boston Police 
Department, Boston, Massachusetts; Mr. Kerry Sleeper, Assistant 
Director, Partnership and Engagement, Federal Bureau of 
Investigation, U.S. Department of Justice; Mr. James E. 
McDermond, Assistant Director, Office of Strategic Intelligence 
and Information Bureau, Bureau of Alcohol, Tobacco, Firearms 
and Explosives, U.S. Department of Justice; and Mr. Peter 
Newsham, Chief of Police, Washington Metropolitan Police 
Department--Testifying on behalf of the Major Cities Chiefs 
Association.
    On January 18, 2018, the Committee held a hearing entitled 
``Combating Transnational Gangs Through Information Sharing.'' 
The Committee received testimony from Mr. Stephen E. 
Richardson, Assistant Director, Criminal Investigative 
Division, Federal Bureau of Investigation; Mr. Raymond 
Villaneuva, Assistant Director in Charge, International 
Operations, U.S. Immigration and Customs Enforcement; and Mr. 
Richard Glenn, Acting Deputy Assistant Secretary, Bureau of 
International Narcotics and Law Enforcement Affairs, U.S. 
Department of State.

114th Congress

    On September 18, 2016, the Committee held a hearing 
entitled ``State and Local Perspectives on Federal Information 
Sharing.'' The Committee received testimony from Dr. Cedric 
Alexander, National President, National Organization of Black 
Law Enforcement Executives (NOBLE); Mr. Richard Beary, Chief, 
Immediate Past President, International Association of Chiefs 
of Police; and Mr. Mike Sena, President, National Fusion Center 
Association.

                        Committee Consideration

    The Committee met on May 15, 2019, with a quorum being 
present, to consider H.R. 2589 and ordered the measure to be 
reported to the House with a favorable recommendation, with 
amendment, by unanimous consent.
    The following Amendment were offered and accepted by 
unanimous consent:

An amendment offered by Ms. Jackson Lee: Page 3, line 11, 
insert ``, consistent with the protection of privacy, civil 
rights, and civil liberties'' before the period.
    Page 3, beginning line 12 strike ``An assessment and'' and 
insert ``A''.
    Insert after section 2 the following:
    SEC. 3. COMPTROLLER GENERAL ASSESSMENT.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 2589.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

Congressional Budget Office Estimate New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the estimate of the estimate of new budget authority, 
entitlement authority, or tax expenditures or revenues 
contained in the cost estimate prepared by the Director of the 
Congressional Budget Office.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    On May 15, the House Committee on Homeland Security ordered 
reported the following bills:
          H.R. 542, the Supporting Research and 
        Development for First Responders Act, which would 
        codify laboratory programs that currently exist at the 
        Department of Homeland Security (DHS);
          H.R. 2589, the Unifying DHS Intelligence 
        Enterprise Act, which would direct DHS to manage and 
        provide guidance for the use of intelligence throughout 
        the department;
          H.R. 2590, the DHS Overseas Personnel 
        Enhancement Act of 2019, which would require DHS to 
        devise a plan to improve the effectiveness of 
        department personnel who are stationed at foreign 
        locations;
          H.R. 2609, the DHS Acquisition Review Board 
        Act of 2019, which would direct the department to 
        establish a board to review major acquisition programs 
        and enhance accountability and uniformity in the review 
        process for DHS acquisitions; and
          H.R. 2621, the Homeland Security Assessment 
        of Terrorists Use of Ghost Guns Act, which would 
        require DHS to evaluate the threat posed by firearms 
        without unique serial numbers.
    DHS is currently carrying out activities similar to those 
required by the bills listed above, and any new activities 
required under the legislation would not require substantial 
action by the department. Thus, CBO estimates that implementing 
each bill would not significantly affect spending by DHS.
    The CBO staff contact for these estimates is Mark 
Grabowicz. The estimates were reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 2589 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2589 directs the Secretary of the Department of Homeland 
Security through the Department's Chief Intelligence Officer, 
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, to develop and 
disseminate written Department-wide guidance for the 
processing, analysis, production, and dissemination of homeland 
security information and terrorism information.

                          Advisory on Earmarks

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule 
XXI.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``Unifying DHS Intelligence Enterprise Act''.

Sec. 2. Homeland intelligence doctrine

    This section requires 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 
and terrorism information.
    This section requires (1) a description of guiding 
principles and purposes of the Department's intelligence 
enterprise; (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; (3) guidance for the processing, 
analysis, and production of such information; (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; and (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. The guidance must be 
submitted in unclassified form but may include a classified 
annex.
    For the five years after enactment, the Secretary is 
required to conduct an annual review of the guidance and, as 
appropriate, revise such guidance to ensure component 
compliance and that such guidance meets the needs of the 
Department.

Sec. 3. Comptroller general assessment

    This section requires the Government Accountability Office 
to complete an annual review for five years on the 
implementation of the guidance across the DHS intelligence 
enterprise. The review shall include an evaluation of privacy, 
civil rights, and civil liberty protections.

Sec. 4. Analysts for the Chief Intelligence Officer

    This section requires the Secretary to provide the Chief 
Intelligence Officer with a staff having appropriate expertise 
and experience to assist the Chief Intelligence Officer. For 
the past several years, the Chief Intelligence Officer has 
identified existing staff from within the Office of 
Intelligence and Analysis to work primarily on DHS intelligence 
enterprise issues. Additionally, personnel from component 
intelligence offices are serving as principal leads on several, 
newly created ``Mission Centers'' within the Office of 
Intelligence and Analysis. The Committee supports these ongoing 
efforts to utilize existing personnel to support and enhance 
the intelligence enterprise. The intention of this section is 
to ensure that existing employees continue to dedicate time and 
resources to the intelligence enterprise.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                     TITLE II--INFORMATION ANALYSIS

       Subtitle A--Information and analysis; Access to Information

     * * * * * * *
Sec. 210H. Homeland intelligence doctrine.

           *       *       *       *       *       *       *


                     TITLE II--INFORMATION ANALYSIS

      Subtitle A--Information and Analysis; Access to Information

SEC. 201. INFORMATION AND ANALYSIS.

  (a) Intelligence and Analysis.--There shall be in the 
Department an Office of Intelligence and Analysis.
  (b) Under Secretary for Intelligence and Analysis.--
          (1) Office of intelligence and analysis.--The Office 
        of Intelligence and Analysis shall be headed by an 
        Under Secretary for Intelligence and Analysis, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate.
          (2) Chief intelligence officer.--The Under Secretary 
        for Intelligence and Analysis shall serve as the Chief 
        Intelligence Officer of the Department.
  (c) Discharge of Responsibilities.--The Secretary shall 
ensure that the responsibilities of the Department relating to 
information analysis, including those described in subsection 
(d), are carried out through the Under Secretary for 
Intelligence and Analysis.
  (d) Responsibilities of Secretary Relating To Intelligence 
and Analysis.--The responsibilities of the Secretary relating 
to intelligence and analysis shall be as follows:
          (1) To access, receive, and analyze law enforcement 
        information, intelligence information, and other 
        information from agencies of the Federal Government, 
        State and local government agencies (including law 
        enforcement agencies), and private sector entities, and 
        to integrate such information, in support of the 
        mission responsibilities of the Department and the 
        functions of the National Counterterrorism Center 
        established under section 119 of the National Security 
        Act of 1947 (50 U.S.C. 404o), in order to--
                  (A) identify and assess the nature and scope 
                of terrorist threats to the homeland;
                  (B) detect and identify threats of terrorism 
                against the United States; and
                  (C) understand such threats in light of 
                actual and potential vulnerabilities of the 
                homeland.
          (2) To carry out comprehensive assessments of the 
        vulnerabilities of the key resources and critical 
        infrastructure of the United States, including the 
        performance of risk assessments to determine the risks 
        posed by particular types of terrorist attacks within 
        the United States (including an assessment of the 
        probability of success of such attacks and the 
        feasibility and potential efficacy of various 
        countermeasures to such attacks).
          (3) To integrate relevant information, analysis, and 
        vulnerability assessments (regardless of whether such 
        information, analysis or assessments are provided by or 
        produced by the Department) in order to--
                  (A) identify priorities for protective and 
                support measures regarding terrorist and other 
                threats to homeland security by the Department, 
                other agencies of the Federal Government, 
                State, and local government agencies and 
                authorities, the private sector, and other 
                entities; and
                  (B) prepare finished intelligence and 
                information products in both classified and 
                unclassified formats, as appropriate, whenever 
                reasonably expected to be of benefit to a 
                State, local, or tribal government (including a 
                State, local, or tribal law enforcement agency) 
                or a private sector entity.
          (4) To ensure, pursuant to section 202, the timely 
        and efficient access by the Department to all 
        information necessary to discharge the responsibilities 
        under this section, including obtaining such 
        information from other agencies of the Federal 
        Government.
          (5) To review, analyze, and make recommendations for 
        improvements to the policies and procedures governing 
        the sharing of 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), including 
        homeland security information, terrorism information, 
        and weapons of mass destruction information, and any 
        policies, guidelines, procedures, instructions, or 
        standards established under that section.
          (6) To disseminate, as appropriate, information 
        analyzed by the Department within the Department, to 
        other agencies of the Federal Government with 
        responsibilities relating to homeland security, and to 
        agencies of State and local governments and private 
        sector entities with such responsibilities in order to 
        assist in the deterrence, prevention, preemption of, or 
        response to, terrorist attacks against the United 
        States.
          (7) To consult with the Director of National 
        Intelligence and other appropriate intelligence, law 
        enforcement, or other elements of the Federal 
        Government to establish collection priorities and 
        strategies for information, including law enforcement-
        related information, relating to threats of terrorism 
        against the United States through such means as the 
        representation of the Department in discussions 
        regarding requirements and priorities in the collection 
        of such information.
          (8) To consult with State and local governments and 
        private sector entities to ensure appropriate exchanges 
        of information, including law enforcement-related 
        information, relating to threats of terrorism against 
        the United States.
          (9) To ensure that--
                  (A) any material received pursuant to this 
                Act is protected from unauthorized disclosure 
                and handled and used only for the performance 
                of official duties; and
                  (B) any intelligence information under this 
                Act is shared, retained, and disseminated 
                consistent with the authority of the Director 
                of National Intelligence to protect 
                intelligence sources and methods under the 
                National Security Act of 1947 (50 U.S.C. 401 et 
                seq.) and related procedures and, as 
                appropriate, similar authorities of the 
                Attorney General concerning sensitive law 
                enforcement information.
          (10) To request additional information from other 
        agencies of the Federal Government, State and local 
        government agencies, and the private sector relating to 
        threats of terrorism in the United States, or relating 
        to other areas of responsibility assigned by the 
        Secretary, including the entry into cooperative 
        agreements through the Secretary to obtain such 
        information.
          (11) To establish and utilize, in conjunction with 
        the chief information officer of the Department, a 
        secure communications and information technology 
        infrastructure, including data-mining and other 
        advanced analytical tools, in order to access, receive, 
        and analyze data and information in furtherance of the 
        responsibilities under this section, and to disseminate 
        information acquired and analyzed by the Department, as 
        appropriate.
          (12) To ensure, in conjunction with the chief 
        information officer of the Department, that any 
        information databases and analytical tools developed or 
        utilized by the Department--
                  (A) are compatible with one another and with 
                relevant information databases of other 
                agencies of the Federal Government; and
                  (B) treat information in such databases in a 
                manner that complies with applicable Federal 
                law on privacy.
          (13) To coordinate training and other support to the 
        elements and personnel of the Department, other 
        agencies of the Federal Government, and State and local 
        governments that provide information to the Department, 
        or are consumers of information provided by the 
        Department, in order to facilitate the identification 
        and sharing of information revealed in their ordinary 
        duties and the optimal utilization of information 
        received from the Department.
          (14) To coordinate with elements of the intelligence 
        community and with Federal, State, and local law 
        enforcement agencies, and the private sector, as 
        appropriate.
          (15) To provide intelligence and information analysis 
        and support to other elements of the Department.
          (16) To coordinate and enhance integration among the 
        intelligence components of the Department, including 
        through strategic oversight of the intelligence 
        activities of such components.
          (17) To establish the intelligence collection, 
        processing, analysis, and dissemination priorities, 
        policies, processes, standards, guidelines, and 
        procedures for the intelligence components of the 
        Department, consistent with any directions from the 
        President and, as applicable, the Director of National 
        Intelligence.
          (18) To establish a structure and process to support 
        the missions and goals of the intelligence components 
        of the Department.
          (19) To ensure that, whenever possible, the 
        Department--
                  (A) produces and disseminates unclassified 
                reports and analytic products based on open-
                source information; and
                  (B) produces and disseminates such reports 
                and analytic products contemporaneously with 
                reports or analytic products concerning the 
                same or similar information that the Department 
                produced and disseminated in a classified 
                format.
          (20) To establish within the Office of Intelligence 
        and Analysis an internal continuity of operations plan.
          (21) Based on intelligence priorities set by the 
        President, and guidance from the Secretary and, as 
        appropriate, the Director of National Intelligence--
                  (A) to provide to the heads of each 
                intelligence component of the Department 
                guidance for developing the budget pertaining 
                to the activities of such component; and
                  (B) to present to the Secretary a 
                recommendation for a consolidated budget for 
                the intelligence components of the Department, 
                together with any comments from the heads of 
                such components.
          (22) To perform such other duties relating to such 
        responsibilities as the Secretary may provide.
          (23)(A) Not later than six months after the date of 
        the enactment of this paragraph, to conduct an 
        intelligence-based review and comparison of the risks 
        and consequences of EMP and GMD facing critical 
        infrastructure, and submit to the Committee on Homeland 
        Security and the Permanent Select Committee on 
        Intelligence of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs 
        and the Select Committee on Intelligence of the 
        Senate--
                          (i) a recommended strategy to protect 
                        and prepare the critical infrastructure 
                        of the homeland against threats of EMP 
                        and GMD; and
                          (ii) not less frequently than every 
                        two years thereafter for the next six 
                        years, updates of the recommended 
                        strategy.
                  (B) The recommended strategy under 
                subparagraph (A) shall--
                          (i) be based on findings of the 
                        research and development conducted 
                        under section 320;
                          (ii) be developed in consultation 
                        with the relevant Federal sector-
                        specific agencies (as defined under 
                        Presidential Policy Directive-21) for 
                        critical infrastructure;
                          (iii) be developed in consultation 
                        with the relevant sector coordinating 
                        councils for critical infrastructure;
                          (iv) be informed, to the extent 
                        practicable, by the findings of the 
                        intelligence-based review and 
                        comparison of the risks and 
                        consequences of EMP and GMD facing 
                        critical infrastructure conducted under 
                        subparagraph (A); and
                          (v) be submitted in unclassified 
                        form, but may include a classified 
                        annex.
                  (C) The Secretary may, if appropriate, 
                incorporate the recommended strategy into a 
                broader recommendation developed by the 
                Department to help protect and prepare critical 
                infrastructure from terrorism, cyber attacks, 
                and other threats if, as incorporated, the 
                recommended strategy complies with subparagraph 
                (B).
  (e) Staff.--
          (1) In general.--The Secretary shall provide the 
        Office of Intelligence and Analysis with a staff of 
        analysts having appropriate expertise and experience to 
        assist such offices in discharging responsibilities 
        under this section. The Secretary shall also provide 
        the Chief Intelligence Officer with a staff having 
        appropriate expertise and experience to assist the 
        Chief Intelligence Officer.
          (2) Private sector analysts.--Analysts under this 
        subsection may include analysts from the private 
        sector.
          (3) Security clearances.--Analysts under this 
        subsection shall possess security clearances 
        appropriate for their work under this section.
  (f) Detail of Personnel.--
          (1) In general.--In order to assist the Office of 
        Intelligence and Analysis in discharging 
        responsibilities under this section, personnel of the 
        agencies referred to in paragraph (2) may be detailed 
        to the Department for the performance of analytic 
        functions and related duties.
          (2) Covered agencies.--The agencies referred to in 
        this paragraph are as follows:
                  (A) The Department of State.
                  (B) The Central Intelligence Agency.
                  (C) The Federal Bureau of Investigation.
                  (D) The National Security Agency.
                  (E) The National Geospatial-Intelligence 
                Agency.
                  (F) The Defense Intelligence Agency.
                  (G) Any other agency of the Federal 
                Government that the President considers 
                appropriate.
          (3) Cooperative agreements.--The Secretary and the 
        head of the agency concerned may enter into cooperative 
        agreements for the purpose of detailing personnel under 
        this subsection.
          (4) Basis.--The detail of personnel under this 
        subsection may be on a reimbursable or non-reimbursable 
        basis.
  (g) Functions Transferred.--In accordance with title XV, 
there shall be transferred to the Secretary, for assignment to 
the Office of Intelligence and Analysis and the Office of 
Infrastructure Protection under this section, the functions, 
personnel, assets, and liabilities of the following:
          (1) The National Infrastructure Protection Center of 
        the Federal Bureau of Investigation (other than the 
        Computer Investigations and Operations Section), 
        including the functions of the Attorney General 
        relating thereto.
          (2) The National Communications System of the 
        Department of Defense, including the functions of the 
        Secretary of Defense relating thereto.
          (3) The Critical Infrastructure Assurance Office of 
        the Department of Commerce, including the functions of 
        the Secretary of Commerce relating thereto.
          (4) The National Infrastructure Simulation and 
        Analysis Center of the Department of Energy and the 
        energy security and assurance program and activities of 
        the Department, including the functions of the 
        Secretary of Energy relating thereto.
          (5) The Federal Computer Incident Response Center of 
        the General Services Administration, including the 
        functions of the Administrator of General Services 
        relating thereto.

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SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE.

  (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)).
  (b) Contents.--The guidance required under subsection (a) 
shall, at a minimum, include the following:
          (1) A description of guiding principles and purposes 
        of the Department's intelligence enterprise.
          (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.
          (3) Guidance for the processing, analysis, and 
        production of such information.
          (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.
          (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.
  (c) Form.--The guidance required under subsection (a) shall 
be submitted in unclassified form, but may include a classified 
annex.
  (d) Annual Review.--For each of the five 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.

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