[House Report 114-164]
[From the U.S. Government Publishing Office]
114th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 114-164
======================================================================
CBRN INTELLIGENCE AND INFORMATION SHARING ACT OF 2015
_______
June 17, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 2200]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2200) 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, 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
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
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 ``CBRN Intelligence and Information
Sharing Act of 2015''.
SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 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. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
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 infectious disease, public health, food,
agricultural, and veterinary issues;
``(3) 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;
``(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 other Federal agencies, as
appropriate; 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, including the National Biosurveillance Integration Center,
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, 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 they can provide information to
the Department.
``(c) 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 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. Chemical, biological, radiological, and nuclear
intelligence and information sharing.''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the
Secretary of Homeland Security 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 of Homeland Security to
counter the threat from attacks using chemical,
biological, radiological, and nuclear materials; 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 the amendment made by subsection (a); and
(B) such assessment.
(3) Termination.--This subsection shall have no force or
effect after the end of the 5-year period beginning on the date
of the enactment of this Act.
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. 2200 is to increase the analysis and
information sharing of CBRN threat information.
Background and Need for Legislation
Terrorist groups have long strived to employ chemical,
biological, radiological, and nuclear (CBRN) materials in their
attacks. Furthermore, events such as the Boston Marathon
bombing in 2013 illustrated the need for better information
sharing between federal and local officials. This legislation
requires that the Office of Intelligence and Analysis enhance
intelligence analysis and information sharing on CBRN threats
and work to ensure that State and local officials get the
actionable intelligence information necessary to stop an
attack.
Hearings
The Committee did not hold any hearings specifically on
H.R. 2200, but the Subcommittee on Emergency Preparedness,
Response, and Communications held a number of hearings relevant
to the bill.
On March 19, 2015, the Subcommittee held a hearing,
``Agents of Opportunity: Responding to the Threat of Chemical
Terrorism.'' The Subcommittee received testimony from Dr. Mark
Kirk, Director, Chemical Defense Program, Office of Health
Affairs, U.S. Department of Homeland Security; Dr. Christina
Catlett, Associate Director, Office of Critical Event
Preparedness and Response, Department of Emergency Medicine,
The Johns Hopkins Hospital; Chief G. Keith Bryant, Fire Chief,
Oklahoma City Fire Department, testfying on behalf of the
International Association of Fire Chiefs; and Mr. Armando B.
Fontoura, Sheriff, Essex County, New Jersey.
During a hearing on biological threats on April 22, 2015,
``Strategic Perspectives on the Bioterrorism Threat,'' the
Subcommittee on Emergency Preparedness, Response, and
Communications received testimony from Hon. Jim Talent, Former
Senator from the State of Missouri and Co-Chair, The Commission
on the Prevention of Weapons of Mass Destruction Proliferation
and Terrorism; Dr. Charles B. Cairns, Interim Dean, University
of Arizona College of Medicine, Heather Sciences Center; and
Marisa Raphael, MPH, Deputy Commissioner, Office of Emergency
Planning and Response, Department of Health and Mental Hygiene,
New York City, New York.
At both of these hearings, the Subcommittee Members heard
from numerous stakeholders that information sharing with
appropriate state and local officials and emergency response
providers about these threats is critical.
Committee Consideration
The Committee met on May 20, 2014, to consider H.R. 2200,
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 in the Nature of a Substitute offered by Ms.
McSally (#1); was AGREED TO, as amended, by voice vote.
An Amendment by Mr. Higgins to the Amendment in the Nature of
a Substitute (#1A); was AGREED TO by voice vote.
Page 2, line 8, insert ``, including the transportation of
chemical, biological, nuclear, and radiological materials,'' after
``(2)''.
Page 2, line 19, insert ``and other Federal agencies, as
appropriate'' after ``stakeholders''.
The Subcommittee on Emergency Preparedness, Response, and
Communications met on May 14, 2015, to consider H.R. 2200, and
ordered the measure to be reported to the Full Committee with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Ms.
McSally (#1); was AGREED TO, amended, by voice vote.
An Amendment by Mr. Payne to the Amendment in the Nature of a
Substitute (#1A); was AGREED TO by voice vote.
Page 3, line 3, after ``high-threat areas,'' insert ``State and
major urban area fusion centers, and local public health departments,
as appropriate,''.
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. 2200.
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.
2200, the CBRN Intelligence and Information Sharing Act of
2015, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 29, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2200, the CBRN
Intelligence and Information Sharing Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2200--CBRN Intelligence and Information Sharing Act of 2015
H.R. 2200 would direct the Department of Homeland Security
(DHS) to gather and analyze intelligence on terrorist threats
involving chemical, biological, radiological, and nuclear
(CBRN) materials; share that information with federal, state,
and local authorities; and prepare an annual report to the
Congress on those activities. The department is currently
carrying out activities similar to those required by the bill,
so CBO estimates that implementing H.R. 2200 would not
significantly affect spending by DHS. Because enacting the
legislation would not affect direct spending or revenues, pay-
as-you-go procedures do not apply.
H.R. 2200 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
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. 2200 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 2200 supports four goals: (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 and of global infectious disease, public
health, food, agricultural, and veterinary issues; (2) support
homeland security-focused risk analysis and risk assessments of
such homeland security hazards by providing relevant
quantitative and non-quantitative threat information; (3)
leverage homeland security intelligence capabilities and
structures to enhance prevention, protection, response, and
recovery efforts with respect to a chemical, biological,
radiological, or nuclear attack; and (4) 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.
H.R. 2200 also directs the Secretary of DHS to report
annually on intelligence and information sharing activities to
counter the threat from weapons of mass destruction, and DHS's
activities in accordance with relevant intelligence strategies.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 2200 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
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
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.
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. 2200 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2200 would require no
directed rule makings.
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 section provides that bill may be cited as the ``CBRN
Intelligence and Information Sharing Act of 2015''.
Section 2. Chemical, Biological, Radiological, and Nuclear (CBRN)
intelligence and information sharing
This section amends the Homeland Security Act of 2002 (Pub.
Law 107-296) to require the Office of Intelligence and Analysis
(I&A) of the Department of Homeland Security (DHS) to support
homeland security-focused intelligence analysis of terrorists,
their claims, and their plans to conduct attacks involving CBRN
materials against the nation, and of global infectious disease,
public health, food, agricultural, and veterinary issues.
Additionally, this section directs I&A to support homeland
security-focused risk analysis and risk assessments of those
hazards by providing relevant threat information; leveraging
homeland security intelligence capabilities and structures to
enhance prevention, protection, response, and recovery efforts
with respect to a CBRN attack; and sharing information and
provide tailored analytical support on these threats to State,
local, and tribal authorities; other national biosecurity and
biodefense stakeholders; and other federal agencies as
appropriate.
The Committee expects I&A to include the Department of
Energy in carrying out its responsibilities to share
information on CBRN threats with federal agencies as
appropriate, especially if such information or intelligence
indicates terrorist threats to transportation of CBRN
materials, such as highly enriched liquid uranium.
Coordination
This section requires I&A to coordinate with other DHS
components, including the National Biosurveillance Integration
Center, the Intelligence Community, and federal, State, local,
and tribal authorities, where appropriate, and enable such
entities to provide recommendations on optimal information
sharing mechanisms and on how they can provide information to
DHS.
As information and intelligence is only useful if it is
shared with those who can take action, such as State, local,
tribal, and private entities, the Committee directs the Office
of Intelligence and Analysis to involve these partners as
appropriate, and get their feedback on mechanisms for two-way
sharing of information.
Report
Section 2 directs the Secretary of DHS to report annually
on: (1) intelligence and information sharing activities to
counter the threat from weapons of mass destruction, and (2)
DHS's activities in accordance with relevant intelligence
strategies. This reporting requirement will terminate five
years after enactment.
Definitions
This section defines terms in the bill including
``appropriate congressional committees'', ``Intelligence
Community'', and ``national biosecurity and biodefense
stakeholders''.
Section 3. Dissemination of information analyzed by the department to
state, local, tribal, and private entities with
responsibilities related to Homeland Security
This section amends section 201(d)(8) of the Homeland
Security Act of 2002 (6 U.S.C. 121(d)(8)) to require the
Secretary to ensure that homeland security information analyzed
by DHS concerning terrorist threats is provided to State,
local, and private entities and the public.
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, 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:
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
Sec. 210G. Chemical, biological, radiological, and nuclear 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) Intelligence and Analysis and Infrastructure
Protection.--There shall be in the Department an Office of
Intelligence and Analysis and an Office of Infrastructure
Protection.
(b) Under Secretary for Intelligence and Analysis and
Assistant Secretary for Infrastructure Protection.--
(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.
(3) Office of infrastructure protection.--The Office
of Infrastructure Protection shall be headed by an
Assistant Secretary for Infrastructure Protection, who
shall be appointed by the President.
(c) Discharge of Responsibilities.--The Secretary shall
ensure that the responsibilities of the Department relating to
information analysis and infrastructure protection, including
those described in subsection (d), are carried out through the
Under Secretary for Intelligence and Analysis or the Assistant
Secretary for Infrastructure Protection, as appropriate.
(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) 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 develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States, including power production,
generation, and distribution systems, information
technology and telecommunications systems (including
satellites), electronic financial and property record
storage and transmission systems, emergency
preparedness communications systems, and the physical
and technological assets that support such systems.
(6) To recommend measures necessary to protect the
key resources and critical infrastructure of the United
States in coordination with other agencies of the
Federal Government and in cooperation with State and
local government agencies and authorities, the private
sector, and other entities.
(7) 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.
(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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) To coordinate with elements of the intelligence
community and with Federal, State, and local law
enforcement agencies, and the private sector, as
appropriate.
(17) To provide intelligence and information analysis
and support to other elements of the Department.
(18) To coordinate and enhance integration among the
intelligence components of the Department, including
through strategic oversight of the intelligence
activities of such components.
(19) 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.
(20) To establish a structure and process to support
the missions and goals of the intelligence components
of the Department.
(21) 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.
(22) To establish within the Office of Intelligence
and Analysis an internal continuity of operations plan.
(23) 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.
(24) To perform such other duties relating to such
responsibilities as the Secretary may provide.
(25) To prepare and submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security in the
House of Representatives, and to other appropriate
congressional committees having jurisdiction over the
critical infrastructure or key resources, for each
sector identified in the National Infrastructure
Protection Plan, a report on the comprehensive
assessments carried out by the Secretary of the
critical infrastructure and key resources of the United
States, evaluating threat, vulnerability, and
consequence, as required under this subsection. Each
such report--
(A) shall contain, if applicable, actions or
countermeasures recommended or taken by the
Secretary or the head of another Federal agency
to address issues identified in the
assessments;
(B) shall be required for fiscal year 2007
and each subsequent fiscal year and shall be
submitted not later than 35 days after the last
day of the fiscal year covered by the report;
and
(C) may be classified.
(e) Staff.--
(1) In general.--The Secretary shall provide the
Office of Intelligence and Analysis and the Office of
Infrastructure Protection with a staff of analysts
having appropriate expertise and experience to assist
such offices in discharging responsibilities under this
section.
(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 and the Office of
Infrastructure Protection 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.
* * * * * * *
SEC. 210G. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 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 infectious disease, public health,
food, agricultural, and veterinary issues;
(3) 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;
(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 other Federal agencies, as
appropriate; 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, including the National Biosurveillance
Integration Center, 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, 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 they can provide information to the Department.
(c) 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 infectious disease outbreaks.
* * * * * * *