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[House Report 116-24]
[From the U.S. Government Publishing Office]

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:
  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 Security 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\
---------------------------------------------------------------------------
    \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-mass-destruction-
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).
---------------------------------------------------------------------------
    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 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''.

                            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 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 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.
    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.

           *       *       *       *       *       *       *

                     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 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, [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, 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 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.
          (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 
                Attorney 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 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.--
          (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 
        that may have serious health consequences for the 
        United States, including infectious disease outbreaks.

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