[House Report 112-466]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-466
======================================================================
WMD INTELLIGENCE AND INFORMATION SHARING ACT OF 2012
_______
May 8, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. King of New York, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 2764]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2764) to amend the Homeland Security Act of 2002
to establish weapons of mass destruction 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, 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..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
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 ``WMD Intelligence and Information
Sharing Act of 2012''.
SEC. 2. WEAPONS OF MASS DESTRUCTION 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 adding at the end the
following:
``SEC. 210G. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION
SHARING.
``(a) In General.--The Office of Intelligence and Analysis of the
Department of Homeland Security shall--
``(1) support homeland security-focused intelligence analysis
of terrorist actors, their claims, and their plans to conduct
attacks involving chemical, biological, radiological, and
nuclear materials against the Nation;
``(2) support homeland security-focused intelligence analysis
of global biological threats, including global infectious
disease, public health, food, agricultural, and veterinary
issues, through activities such as engagement of international
partners;
``(3) support homeland security-focused risk analysis and
risk assessments of the homeland security hazards described in
paragraphs (1) and (2) by providing relevant quantitative and
nonquantitative threat information;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance prevention,
protection, response, and recovery efforts with respect to a
chemical, biological, radiological, or nuclear attack;
``(5) share information and provide tailored analytical
support on these threats to State, local, and tribal
authorities as well as other national biosecurity and
biodefense stakeholders; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Office of Intelligence
and Analysis shall coordinate with other relevant Department
components, others in the Intelligence Community, including the
National Counter Proliferation Center, and other Federal, State, local,
and tribal authorities, including officials from high-threat areas, and
enable such entities to provide recommendations on optimal information
sharing mechanisms, including expeditious sharing of classified
information, and on how they can provide information to the Department.
``(c) Report.--
``(1) In general.--Not later than one year after the date of
the enactment of this section and annually thereafter, the
Secretary shall report to the appropriate congressional
committees on--
``(A) the intelligence and information sharing
activities under subsection (a) and of all relevant
entities within the Department to counter the threat
from weapons of mass destruction; and
``(B) the Department's activities in accordance with
relevant intelligence strategies.
``(2) Assessment of implementation.--The report shall
include--
``(A) a description of methods established to assess
progress of the Office of Intelligence and Analysis in
implementing this section; and
``(B) such assessment.
``(d) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the Committee on Homeland Security of the House of
Representatives 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.
``(2) 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. 401a(4)).
``(3) The term `national biosecurity and biodefense
stakeholders' means officials from the Federal, State, local,
and tribal 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 wide-scale fatalities or infectious
disease outbreaks.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 210G. Weapons of mass destruction intelligence and information
sharing.''.
SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO
STATE, LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH
RESPONSIBILITIES RELATING TO HOMELAND SECURITY.
Section 201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)(8)) is amended by striking ``and to agencies of State'' and all
that follows and inserting ``to State, local, tribal, 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.''.
Purpose and Summary
The purpose of H.R. 2764 is to amend the Homeland Security
Act of 2002 to establish weapons of mass destruction
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.
Background and Need for Legislation
The Congressionally-mandated Commission on the Prevention
of WMD Proliferation and Terrorism found insufficiencies in the
Intelligence Community's ability to meet the needs of the
highly technical nature of weapons of mass destruction (WMD)
collection and analysis. The bioweapons threat in particular,
the Commissioners argued in their report ``World at Risk,''
must remain among the highest national intelligence priorities.
The Department of Homeland Security, as a member of the
Intelligence Community, contributes to this goal. H.R. 2764,
therefore, codifies and provides Congressional direction toward
WMD intelligence activities at the Department of Homeland
Security to ensure that vital WMD intelligence analysis and
information sharing conducted within the Office and
Intelligence and Analysis and elsewhere in the Department are
retained, enhanced, coordinated with other agencies, and shared
with appropriate stakeholders.
Hearings
No hearings were held on H.R. 2764 in the 112th Congress;
however, the Committee conducted oversight and related
legislative hearings on the issues involved.
On May 3, 2011, the Subcommittee on Counterterrorism and
Intelligence held a hearing entitled, ``The Threat to the U.S.
Homeland Emanating from Pakistan.'' The Subcommittee received
testimony from Dr. Frederick Kagan, Resident Scholar and
Director, American Enterprise Institute Critical Threats
Project; Dr. Seth Jones, Senior Political Scientist, The RAND
Corporation; Mr. Stephen Tankel, Visiting Fellow, South Asia
Program, The Carnegie Endowment for International Peace; and
Mr. Shuja Nawaz, Director, South Asia Center, The Atlantic
Council.
On June 1, 2011, the Subcommittee on Counterterrorism and
Intelligence held a hearing entitled, ``The DHS Intelligence
Enterprise--Past, Present, and Future.'' The Subcommittee
received testimony from Hon. Caryn Wagner, Under Secretary for
the Office of Intelligence and Analysis, Department of Homeland
Security; Rear Admiral Thomas Atkin, Assistant Commandant for
Intelligence and Criminal Investigation, U.S. Coast Guard; Mr.
Daniel Johnson, Assistant Administrator for Intelligence, U.S.
Transportation Security Administration; Mr. James Chaparro,
Assistant Director for Intelligence, U.S. Immigration and
Customs Enforcement; and Ms. Susan Mitchell, Deputy Assistant
Commissioner, Office of Intelligence and Operations
Coordination, U.S. Customs and Border Protection.
On June 23, 2011, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies, and the
Subcommittee on Emergency Preparedness, Response, and
Communications held a joint hearing on legislative
recommendations of the WMD Commission entitled, ``The WMD
Prevention and Preparedness Act of 2011.'' The Subcommittees
received testimony from Hon. William J. Pascrell, Jr., a
Representative in Congress from the 8th District of New Jersey;
Senator Jim Talent, Vice Chairman, The Bipartisan WMD Center;
Dr. Robert P. Kadlec, Former Special Assistant to the President
for Biodefense; and Mr. Richard H. Berdnik, Sheriff, Passaic
County, New Jersey. Provisions of H.R. 2764 were included
within the proposed WMD Prevention and Preparedness Act of
2011.
On October 5, 2011, the Subcommittee on Counterterrorism
and Intelligence held a hearing entitled, ``Intelligence
Sharing and Terrorist Travel: How DHS Addresses the Mission of
Providing Security, Facilitating Commerce and Protecting
Privacy for Passengers Engaged in International Travel.'' The
Subcommittee received testimony from Hon. David Heyman,
Assistant Secretary for Policy, Department of Homeland
Security; Ms. Mary Ellen Callahan, Chief Privacy Officer,
Department of Homeland Security; and Mr.1AThomas Bush,
Executive Director of Automation and Targeting, Office of
Intelligence and Investigative Liaison, Customs and Border
Protection, Department of Homeland Security.
Committee Consideration
The Subcommittee on Counterterrorism and Intelligence met
on November 15, 2011, to consider H.R. 2764, and ordered the
measure reported to the Full Committee with a favorable
recommendation, without amendment, by voice vote.
The Committee met on March 28, 2012, to consider H.R. 2764,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An amendment offered by Mr. Clarke of Michigan (#1); was
AGREED TO, by voice vote.
o Page 2, strike lines 18 through 20 and insert the following:
``(2) support homeland security-focused intelligence analysis
of global biological threats, including infections disease,
public health, food, agricultural, and veterinary issues,
through activities such as engagement of international
partners.
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. 2764.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2764, the WMD Intelligence and Information Sharing Act of 2011,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 2764 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
H.R. 2764 required the Department to issue a report not
less than 2 years after enactment to assess the implementation
of this Act.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
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(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 2764 does
not preempt any State, local, or Tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This Act may be cited as the ``WMD Intelligence and
Information Sharing Act of 2012''.
Section 2. Weapons of mass destruction intelligence and information
sharing
This section amends the Homeland Security Act of 2002 to
require the Department of Homeland Security Office of
Intelligence and Analysis (I&A) to support homeland-security
focused analysis of terrorist actors pertaining to chemical,
biological, radiological, and nuclear (CBRN) materials, global
biological threats, public health and food, agricultural, and
veterinary issues. The Department is required to leverage
existing and emerging homeland security capabilities, such as
fusion centers, and share information with State, local, and
Tribal partners and other stakeholders. Where appropriate, I&A
shall coordinate with other relevant Department components,
others in the Intelligence Community, and other Federal, State,
local, and Tribal authorities, including officials from high-
threat areas, and enable such entities to provide
recommendations on optimal information sharing mechanisms. The
Secretary shall report annually to the appropriate
congressional committees on activities to counter the threat
from weapons of mass destruction (WMD) conducted by all
relevant entities within the Department.
The Committee is aware that I&A is engaged in CBRN
intelligence and information sharing activities. This provision
ensures that the Department has adequate and enduring expertise
in its intelligence division to analyze and disseminate CBRN
information, which may be highly technical. The Committee
believes that this unit should work to the greatest extent
possible with other Department of Homeland Security components
(operational and intelligence), headquarters elements, and
State, local, and Tribal authorities in order to enhance the
Department's counter-WMD activities. State, local, and Tribal
participation, in particular, should include officials from
high threat areas. The effective and appropriate sharing of
information with state and local partners is paramount and
remains a Committee priority. The Committee does not intend for
the activities outlined by this section to duplicate those
already conducted by the National Counterterrorism Center, the
Federal Bureau of Investigation, or other members of the
Intelligence Community. The Committee believes that strict
adherence to relevant National intelligence strategies will
ensure clarity of mission for each Federal entity engaged in
WMD intelligence activities.
Section 3. Dissemination of information analyzed by the Department to
State, local, Tribal, and private entities with
responsibilities relating to Homeland Security
This section expands the list of entities in section
201(d)(8) of the Homeland Security Act of 2002 which the
Department disseminates information to include State, local,
Tribal and private sector entities with homeland security
responsibilities, and as appropriate, to the public, in order
to assist in preventing, deterring, or responding to acts of
terrorism against the United States. Specifically, this
provisions adds Tribal entities and the public to the existing
provision, recognizing that they are important stakeholders and
partners in preventing, deterring, and responding to acts of
terrorism against the United States, including chemical,
biological, radiological, and nuclear terrorism.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, 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) * *
(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 AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
Sec. 210G. Weapons of mass destruction intelligence and information
sharing.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
SEC. 201. INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION.
(a) * * *
* * * * * * *
(d) Responsibilities of Secretary Relating to Intelligence
and Analysis and Infrastructure Protection.--The
responsibilities of the Secretary relating to intelligence and
analysis and infrastructure protection shall be as follows:
(1) * * *
* * * * * * *
(8) 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.] to State, local, tribal, 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.
* * * * * * *
SEC. 210G. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION
SHARING.
(a) In General.--The Office of Intelligence and Analysis of
the Department of Homeland Security shall--
(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their
plans to conduct attacks involving chemical,
biological, radiological, and nuclear materials against
the Nation;
(2) support homeland security-focused intelligence
analysis of global biological threats, including global
infectious disease, public health, food, agricultural,
and veterinary issues, through activities such as
engagement of international partners;
(3) support homeland security-focused risk analysis
and risk assessments of the homeland security hazards
described in paragraphs (1) and (2) by providing
relevant quantitative and nonquantitative threat
information;
(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance
prevention, protection, response, and recovery efforts
with respect to a chemical, biological, radiological,
or nuclear attack;
(5) share information and provide tailored analytical
support on these threats to State, local, and tribal
authorities as well as other national biosecurity and
biodefense stakeholders; and
(6) perform other responsibilities, as assigned by
the Secretary.
(b) Coordination.--Where appropriate, the Office of
Intelligence and Analysis shall coordinate with other relevant
Department components, others in the Intelligence Community,
including the National Counter Proliferation Center, and other
Federal, State, local, and tribal authorities, including
officials from high-threat areas, and enable such entities to
provide recommendations on optimal information sharing
mechanisms, including expeditious sharing of classified
information, and on how they can provide information to the
Department.
(c) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this section and annually
thereafter, the Secretary shall report to the
appropriate congressional committees on--
(A) the intelligence and information sharing
activities under subsection (a) and of all
relevant entities within the Department to
counter the threat from weapons of mass
destruction; and
(B) the Department's activities in accordance
with relevant intelligence strategies.
(2) Assessment of implementation.--The report shall
include--
(A) a description of methods established to
assess progress of the Office of Intelligence
and Analysis in implementing this section; and
(B) such assessment.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means the Committee on Homeland Security of the House
of Representatives 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.
(2) 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. 401a(4)).
(3) The term ``national biosecurity and biodefense
stakeholders'' means officials from the Federal, State,
local, and tribal 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 wide-scale fatalities or infectious disease
outbreaks.
* * * * * * *