II
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.
Short title
This Act may be cited as the CBRN Intelligence and Information Sharing Act of 2019
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Chemical, biological, radiological, and nuclear intelligence and information sharing
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:
Chemical, biological, radiological, and nuclear intelligence and information sharing
In general
The Office of Intelligence and Analysis of the Department of Homeland Security shall—
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;
support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues;
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;
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;
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
perform other responsibilities, as assigned by the Secretary.
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.
Definitions
In this section:
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)).
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.
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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:
Sec. 210F. Chemical, biological, radiological, and nuclear intelligence and information sharing.
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Report
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:
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.
The Department’s activities in accordance with relevant intelligence strategies.
Assessment of implementation
The reports required under paragraph (1) shall include the following:
An assessment of the progress of the Office of Intelligence and Analysis of the Department of Homeland Security in implementing such section 210F.
A description of the methods established to carry out such assessment.
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.
Dissemination of information analyzed by the department to state, local, tribal, territorial, and private entities with responsibilities relating to homeland security
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.
.
Short title
This Act may be cited as the CBRN Intelligence and Information Sharing Act of 2019
.
Chemical, biological, radiological, and nuclear intelligence and information sharing
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:
Chemical, biological, radiological, and nuclear intelligence and information sharing
In general
The Secretary, acting through the Undersecretary for Intelligence and Analysis, and working with the intelligence components of the Department, shall—
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;
coordinate the analysis of threats to homeland security from global infectious disease and other food, agricultural, or veterinary threats to public health;
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;
leverage existing and emerging homeland security intelligence capabilities and structures to—
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
protect against an attack using such materials, devices, or agents against the people, territory, or interests of the United States;
share information and provide tailored analytical support on these threats to State, local, Tribal authorities and other Federal agencies, as appropriate; and
perform other responsibilities, as assigned by the Secretary.
Coordination
Where appropriate, the Undersecretary for Intelligence and Analysis shall—
coordinate with—
other Departmental components, including the Countering Weapons of Mass Destruction Office, the Cybersecurity and Infrastructure Security Agency, the Science and Technology Directorate; and
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
enable such components and entities to provide recommendations on—
optimal information sharing mechanisms, including expeditious sharing of classified information; and
how such components and entities can provide information to the Undersecretary and other components of the Department.
Definition
In this section, the term fusion center has the meaning given the term in section 210A.
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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.
.
Report
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—
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
the Department’s activities in accordance with relevant intelligence strategies.
Assessment of implementation
The reports required under paragraph (1) shall include—
an assessment of the progress of the Department of Homeland Security in implementing such section 210F; and
a description of the methods established to carry out such assessment.
Termination
This subsection shall terminate on the date that is 5 years after the date of enactment of this Act.
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.
March 2, 2020
Reported with an amendment