89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–24 

CBRN INTELLIGENCE AND INFORMATION SHARING ACT 

OF 2019 

MARCH 28, 2019.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. THOMPSON of Mississippi, from the Committee on Homeland 

Security, submitted the following 

R E P O R T 

[To accompany H.R.1589] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 1589) 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 ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

C.B.O. Estimate New Budget Authority, Entitlement Authority, and Tax Expenditures ............................................................................................................. 5 

Federal Mandates Statement ................................................................................. 5 

Duplicative Federal Programs ................................................................................ 5 

Statement of General Performance Goals and Objectives .................................... 5 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 6 

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: 


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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 

2019’’. 

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 inserting after section 210E the following new 

section: 

‘‘SEC. 210F. 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, or nuclear materials against the United States, including critical infrastructure; 

‘‘(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 early detection, 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 such threats 

to State, local, Tribal, and territorial authorities, and other Federal agencies, 

as well as relevant national biosecurity and biodefense stakeholders, as appropriate; and 

‘‘(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 Countering Weapons of Mass Destruction Office and the National Biosurveillance Integration Center, agencies within the intelligence community, including the National 

Counter Proliferation Center, and other Federal, State, local, Tribal, and territorial 

authorities, including officials from high-threat urban areas, State and major urban 

area fusion centers, and local public health departments, as appropriate, and enable 

such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how such entities can provide information to the Department. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘intelligence community’ has the 

meaning given such term in section 3(4) of the National Security Act of 1947 

(50 U.S.C. 3003(4)). 

‘‘(2) NATIONAL BIOSECURITY AND BIODEFENSE STAKEHOLDERS.—The term ‘national biosecurity and biodefense stakeholders’ means officials from Federal, 

State, local, Tribal, and territorial authorities and individuals from the private 

sector who are involved in efforts to prevent, protect against, respond to, and 

recover from a biological attack or other phenomena that may have serious 

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

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Homeland 

Security Act of 2002 is amended by inserting after the item relating to section 210E 

the following new item: 

‘‘Sec. 210F. 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 for each of the following four years, the Secretary of Homeland Security shall report to the appropriate congressional committees on the following: 

(A) The intelligence and information sharing activities under section 210F 

of the Homeland Security Act of 2002 (as added by subsection (a) of this 

section) and of all relevant entities within the Department of Homeland SeVerDate Sep 11 2014 07:47 Mar 29, 2019 Jkt 089006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR024.XXX HR024

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1 Rolf Mowatt-Larssen, ‘‘Al Qaeda Weapons of Mass Destruction Threat: Hype or Reality?’’, 

Belfer Center, January 2010. https://www.belfercenter.org/publication/al-qaeda-weapons-massdestruction-threat-hype-or-reality. 2 H.R. 7213, ‘‘Countering Weapons of Mass Destruction Act of 2018,’’ (P.L. 115–387), as sponsored by then-Congressman Dan Donovan (R–NY). 

curity to counter the threat from attacks using chemical, biological, radiological, or nuclear materials. 

(B) The Department’s activities in accordance with relevant intelligence 

strategies. 

(2) ASSESSMENT OF IMPLEMENTATION.—The reports required under paragraph 

(1) shall include the following: 

(A) An assessment of the progress of the Office of Intelligence and Analysis of the Department of Homeland Security in implementing such section 

210F. 

(B) A description of the methods established to carry out such assessment. 

(3) DEFINITION.—In this subsection, the term ‘‘appropriate congressional committees’’ means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the 

Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. 

SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO STATE, 

LOCAL, TRIBAL, TERRITORIAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES 

RELATING TO HOMELAND SECURITY. 

Paragraph (6) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 

121(d)) is amended by striking ‘‘and to agencies of State’’ and all that follows 

through the period at the end and inserting ‘‘to State, local, tribal, territorial, and 

private entities with such responsibilities, and, as appropriate, to the public, in 

order to assist in preventing, deterring, or responding to acts of terrorism against 

the United States.’’. 

PURPOSE AND SUMMARY

The purpose of H.R. 1589 is to amend the Homeland Security Act 

of 2002 to require the Office of Intelligence and Analysis (I&A) 

within the Department of Homeland Security to conduct analysis 

of terrorist capabilities related to chemical, biological, radiological, 

and nuclear materials, as well as threats to the homeland from 

global infectious disease. Additionally, it clarifies I&A’s existing 

statutory responsibilities to encompass dissemination of information analyzed by the Department to State, local, tribal, territorial 

and private entities with responsibilities relating to homeland security. 

BACKGROUND AND NEED FOR LEGISLATION

Terrorist groups have long aspired to employ chemical, biological, 

radiological, and nuclear (CBRN) materials in their attacks. Osama 

bin Laden saw it as an Islamic duty to acquire weapons of mass 

destruction (WMD); a 2010 paper issued by Harvard University’s 

Belfer Center identified the acquisition of nuclear and strategic biological weapons as a top priority for al Qaeda.1 In response to this 

threat, the Committee advanced legislation that was signed into 

law on December 21, 2018 to establish the Countering Weapons of 

Mass Destruction (CWMD) Office within the Department of Homeland Security.2

H.R. 1589 seeks to ensure that I&A dedicates analytical resources to the CBRN threat in coordination with the work of the 

CWMD office and other Federal efforts. In addition to intelligence 

analysis within the Department, the bill directs I&A to work with 

State and local officials to ensure information is shared about 


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CBRN threats. Events such as the 2013 Boston Marathon bombing 

illustrated the need for better information sharing between Federal 

and local officials. This legislation requires I&A to 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. 

1589 in the 116th Congress, but in the 114th Congress, the Subcommittee on Emergency Preparedness, Response, and Communications held hearings in 2015 where Subcommittee Members 

heard from numerous stakeholders that information sharing with 

appropriate state and local officials and emergency response providers about these threats are critical. On March 19, 2015, the Subcommittee held a hearing entitled ‘‘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, 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, testifying on behalf of the 

International Association of Fire Chiefs; and Mr. Armando B. 

Fontoura, Sheriff, Essex County, New Jersey. This hearing provided Subcommittee Members with an opportunity to examine the 

threat of chemical terrorism and the steps being taken at the Federal, State, and local government levels to address the threat of 

chemical attacks. 

On April 22, 2015, the Subcommittee held a hearing entitled 

‘‘Strategic Perspectives on the Bioterrorism Threat.’’ The Subcommittee received testimony from the Hon. Jim Talent, Former 

Senator from the State of Missouri and CoChair, the Commission 

on the Prevention of Weapons of Mass Destruction Proliferation 

and Terrorism; Dr. Charles B. Cairns, Interim Dean, Health 

Sciences Center, University of Arizona College of Medicine; and 

Marisa Raphael, MPH, Deputy Commissioner, Office of Emergency 

Planning and Response, Department of Health and Mental Hygiene, New York City, New York. This hearing highlighted the 

threat of bioterrorism and assessed the Federal government’s efforts to prepare for and defend against this threat. 

COMMITTEE CONSIDERATION

The Committee met on March 13, 2019, with a quorum being 

present, to consider H.R. 1589 and ordered the measure to be reported to the House with a favorable recommendation, with amendment, by unanimous consent. 

The following amendments was offered and accepted by unanimous consent: 

An amendment offered by Ms. Clarke of New York (#1) Page 2, line 

19 insert ‘‘, including critical infrastructure’’ before the semicolon 

at the end. 

An amendment offered by Ms. Jackson Lee (#2) Page 3, line 6, insert ‘‘early detection,’’ before ‘‘prevention’’. 


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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. 

1589. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE NEW BUDGET

AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has requested but not received a cost estimate 

for this bill from the Director of Congressional Budget Office. 

The Committee has requested but not received from the Director 

of the Congressional Budget Office a statement as to whether this 

bill contains any new budget authority, spending authority, credit 

authority, or an increase or decrease in revenues or tax expenditures. 

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. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 1589 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 1589 would (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 


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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. 

ADVISORY ON EARMARKS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), or 9(f) of the rule XXI. 

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 ‘‘CBRN Intelligence and Information Sharing Act of 2019’’. 

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. 

This section requires I&A to coordinate with other DHS components, including the Weapons of Mass Destruction Office, the National Biosurveillance Integration Center, the Intelligence Community, and Federal, State, local, and tribal authorities, where approVerDate Sep 11 2014 07:47 Mar 29, 2019 Jkt 089006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR024.XXX HR024

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priate, 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. 

This section directs the DHS Secretary 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. 

Finally, this section defines the following terms in the bill: ‘‘appropriate congressional committees’’, ‘‘Intelligence Community’’, 

and ‘‘national biosecurity and biodefense stakeholders’’. 

Section 3. Dissemination of information analyzed by the Department to State, local, tribal, territorial, and private entities with 

responsibilities related to Homeland Security 

This section amends section 201(d)(6) 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, as appropriate. 

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: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS 

Subtitle A—Information and analysis; Access to Information 

* * * * * * * 

Sec. 210E. Classified Information Advisory Officer. 

Sec. 210F. Chemical, biological, radiological, and nuclear intelligence and information sharing. 

Sec. 210G. Protection of certain facilities and assets from unmanned aircraft. 

* * * * * * * 


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TITLE II—INFORMATION ANALYSIS 

Subtitle A—Information and Analysis; 

Access to Information 

SEC. 201. INFORMATION AND ANALYSIS. 

(a) INTELLIGENCE AND ANALYSIS.—There shall be in the Department an Office of Intelligence and Analysis. 

(b) UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS.— (1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office of 

Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by 

the President, by and with the advice and consent of the Senate. 

(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary for 

Intelligence and Analysis shall serve as the Chief Intelligence 

Officer of the Department. 

(c) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall ensure 

that the responsibilities of the Department relating to information 

analysis, including those described in subsection (d), are carried out 

through the Under Secretary for Intelligence and Analysis. 

(d) RESPONSIBILITIES OF SECRETARY RELATING TO INTELLIGENCE

AND ANALYSIS.—The responsibilities of the Secretary relating to intelligence and analysis shall be as follows: 

(1) To access, receive, and analyze law enforcement information, intelligence information, and other information from 

agencies of the Federal Government, State and local government agencies (including law enforcement agencies), and private sector entities, and to integrate such information, in support of the mission responsibilities of the Department and the 

functions of the National Counterterrorism Center established 

under section 119 of the National Security Act of 1947 (50 

U.S.C. 404o), in order to— 

(A) identify and assess the nature and scope of terrorist 

threats to the homeland; 

(B) detect and identify threats of terrorism against the 

United States; and 

(C) understand such threats in light of actual and potential vulnerabilities of the homeland. 

(2) To carry out comprehensive assessments of the 

vulnerabilities of the key resources and critical infrastructure 

of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such 

attacks). 

(3) To integrate relevant information, analysis, and vulnerability assessments (regardless of whether such information, 

analysis or assessments are provided by or produced by the Department) in order to— 

(A) identify priorities for protective and support measures regarding terrorist and other threats to homeland security by the Department, other agencies of the Federal 


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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 review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing 

environment established under section 1016 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), 

including homeland security information, terrorism information, and weapons of mass destruction information, and any 

policies, guidelines, procedures, instructions, or standards established under that section. 

(6) To disseminate, as appropriate, information analyzed by 

the Department within the Department, to other agencies of 

the Federal Government with responsibilities relating to homeland security, 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, territorial, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism 

against the United States. 

(7) To consult with the Director of National Intelligence and 

other appropriate intelligence, law enforcement, or other elements of the Federal Government to establish collection priorities and strategies for information, including law 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. 

(8) To consult with State and local governments and private 

sector entities to ensure appropriate exchanges of information, 

including law enforcement-related information, relating to 

threats of terrorism against the United States. 

(9) To ensure that— 

(A) any material received pursuant to this Act is protected from unauthorized disclosure and handled and used 

only for the performance of official duties; and 

(B) any intelligence information under this Act is 

shared, retained, and disseminated consistent with the authority of the Director of National Intelligence to protect 

intelligence sources and methods under the National Security Act of 1947 (50 U.S.C. 401 et seq.) and related procedures and, as appropriate, similar authorities of the AttorVerDate Sep 11 2014 07:47 Mar 29, 2019 Jkt 089006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\HR024.XXX HR024

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ney General concerning sensitive law enforcement information. 

(10) To request additional information from other agencies of 

the Federal Government, State and local government agencies, 

and the private sector relating to threats of terrorism in the 

United States, or relating to other areas of responsibility assigned by the Secretary, including the entry into cooperative 

agreements through the Secretary to obtain such information. 

(11) To establish and utilize, in conjunction with the chief information officer of the Department, a secure communications 

and information technology infrastructure, including data-mining and other advanced analytical tools, in order to access, receive, and analyze data and information in furtherance of the 

responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate. 

(12) To ensure, in conjunction with the chief information officer of the Department, that any information databases and analytical tools developed or utilized by the Department— 

(A) are compatible with one another and with relevant 

information databases of other agencies of the Federal 

Government; and 

(B) treat information in such databases in a manner that 

complies with applicable Federal law on privacy. 

(13) To coordinate training and other support to the elements and personnel of the Department, other agencies of the 

Federal Government, and State and local governments that 

provide information to the Department, or are consumers of information provided by the Department, in order to facilitate 

the identification and sharing of information revealed in their 

ordinary duties and the optimal utilization of information received from the Department. 

(14) To coordinate with elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate. 

(15) To provide intelligence and information analysis and 

support to other elements of the Department. 

(16) To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components. 

(17) To establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the Department, consistent with any directions from 

the President and, as applicable, the Director of National Intelligence. 

(18) To establish a structure and process to support the missions and goals of the intelligence components of the Department. 

(19) To ensure that, whenever possible, the Department— 

(A) produces and disseminates unclassified reports and 

analytic products based on open-source information; and 

(B) produces and disseminates such reports and analytic 

products contemporaneously with reports or analytic products concerning the same or similar information that the 


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Department produced and disseminated in a classified format. 

(20) To establish within the Office of Intelligence and Analysis an internal continuity of operations plan. 

(21) Based on intelligence priorities set by the President, and 

guidance from the Secretary and, as appropriate, the Director 

of National Intelligence— 

(A) to provide to the heads of each intelligence component of the Department guidance for developing the budget 

pertaining to the activities of such component; and 

(B) to present to the Secretary a recommendation for a 

consolidated budget for the intelligence components of the 

Department, together with any comments from the heads 

of such components. 

(22) To perform such other duties relating to such responsibilities as the Secretary may provide. 

(23)(A) Not later than six months after the date of the enactment of this paragraph, to conduct an intelligence-based review 

and comparison of the risks and consequences of EMP and 

GMD facing critical infrastructure, and submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs 

and the Select Committee on Intelligence of the Senate— 

(i) a recommended strategy to protect and prepare 

the critical infrastructure of the homeland against 

threats of EMP and GMD; and 

(ii) not less frequently than every two years thereafter for the next six years, updates of the recommended strategy. 

(B) The recommended strategy under subparagraph (A) 

shall— 

(i) be based on findings of the research and development conducted under section 320; 

(ii) be developed in consultation with the relevant 

Federal sector-specific agencies (as defined under 

Presidential Policy Directive-21) for critical infrastructure; 

(iii) be developed in consultation with the relevant 

sector coordinating councils for critical infrastructure; 

(iv) be informed, to the extent practicable, by the 

findings of the intelligence-based review and comparison of the risks and consequences of EMP and GMD 

facing critical infrastructure conducted under subparagraph (A); and 

(v) be submitted in unclassified form, but may include a classified annex. 

(C) The Secretary may, if appropriate, incorporate the 

recommended strategy into a broader recommendation developed by the Department to help protect and prepare 

critical infrastructure from terrorism, cyber attacks, and 

other threats if, as incorporated, the recommended strategy complies with subparagraph (B). 

(e) STAFF.— 


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(1) IN GENERAL.—The Secretary shall provide the Office of 

Intelligence and Analysis with a staff of analysts having appropriate expertise and experience to assist such offices in discharging responsibilities under this section. 

(2) PRIVATE SECTOR ANALYSTS.—Analysts under this subsection may include analysts from the private sector. 

(3) SECURITY CLEARANCES.—Analysts under this subsection 

shall possess security clearances appropriate for their work 

under this section. 

(f) DETAIL OF PERSONNEL.— 

(1) IN GENERAL.—In order to assist the Office of Intelligence 

and Analysis in discharging responsibilities under this section, 

personnel of the agencies referred to in paragraph (2) may be 

detailed to the Department for the performance of analytic 

functions and related duties. 

(2) COVERED AGENCIES.—The agencies referred to in this 

paragraph are as follows: 

(A) The Department of State. 

(B) The Central Intelligence Agency. 

(C) The Federal Bureau of Investigation. 

(D) The National Security Agency. 

(E) The National Geospatial-Intelligence Agency. 

(F) The Defense Intelligence Agency. 

(G) Any other agency of the Federal Government that 

the President considers appropriate. 

(3) COOPERATIVE AGREEMENTS.—The Secretary and the head 

of the agency concerned may enter into cooperative agreements 

for the purpose of detailing personnel under this subsection. 

(4) BASIS.—The detail of personnel under this subsection 

may be on a reimbursable or non-reimbursable basis. 

(g) FUNCTIONS TRANSFERRED.—In accordance with title XV, there 

shall be transferred to the Secretary, for assignment to the Office 

of Intelligence and Analysis and the Office of Infrastructure Protection under this section, the functions, personnel, assets, and liabilities of the following: 

(1) The National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section), including the functions of 

the Attorney General relating thereto. 

(2) The National Communications System of the Department 

of Defense, including the functions of the Secretary of Defense 

relating thereto. 

(3) The Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce relating thereto. 

(4) The National Infrastructure Simulation and Analysis 

Center of the Department of Energy and the energy security 

and assurance program and activities of the Department, including the functions of the Secretary of Energy relating thereto. 

(5) The Federal Computer Incident Response Center of the 

General Services Administration, including the functions of the 

Administrator of General Services relating thereto. 

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SEC. 210F. 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, or nuclear materials against the United States, including critical infrastructure; 

(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 early detection, 

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 such threats to State, local, Tribal, and territorial authorities, and other Federal agencies, as well as relevant national 

biosecurity and biodefense stakeholders, as appropriate; and 

(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 Countering Weapons of Mass Destruction Office and the National Biosurveillance Integration Center, agencies 

within the intelligence community, including the National Counter 

Proliferation Center, and other Federal, State, local, Tribal, and territorial authorities, including officials from high-threat urban 

areas, State and major urban area fusion centers, and local public 

health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, 

including expeditious sharing of classified information, and on how 

such entities can provide information to the Department. 

(c) DEFINITIONS.—In this section: 

(1) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence community’’ has the meaning given such term in section 3(4) of the 

National Security Act of 1947 (50 U.S.C. 3003(4)). 

(2) NATIONAL BIOSECURITY AND BIODEFENSE STAKEHOLDERS.—The term ‘‘national biosecurity and biodefense stakeholders’’ means officials from Federal, State, local, Tribal, and 

territorial authorities and individuals from the private sector 

who are involved in efforts to prevent, protect against, respond 

to, and recover from a biological attack or other phenomena 


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that may have serious health consequences for the United 

States, including infectious disease outbreaks. 

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Æ 


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