49–006 

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 


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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 


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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; 


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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 


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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 


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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 


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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. 


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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. 


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(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 


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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, øand 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 enforcementrelated 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. 


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(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, standVerDate Sep 11 2014 00:11 Jun 20, 2015 Jkt 049006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\HR164.XXX HR164

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ards, 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. 


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(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. 

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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 


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have serious health consequences for the United States, including infectious disease outbreaks. 

* * * * * * * 

Æ 


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