89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–94 

UNIFYING DHS INTELLIGENCE ENTERPRISE ACT 

MAY 30, 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. 2589] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 2589) to amend the Homeland Security Act of 2002 to establish a homeland intelligence doctrine for the Department of 

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 

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

Expenditures ........................................................................................................ 5 

Federal Mandates Statement ................................................................................. 6 

Statement of General Performance Goals and Objectives .................................... 6 

Duplicative Federal Programs ................................................................................ 6 

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

Federal Mandates Statement ................................................................................. 6 

Advisory Committee Statement ..............................................................................

Applicability to Legislative Branch ........................................................................

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: 


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SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Unifying DHS Intelligence Enterprise Act’’. 

SEC. 2. HOMELAND INTELLIGENCE DOCTRINE. 

(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 new section: 

‘‘SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE. 

‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this 

section, the Secretary, acting through the Chief Intelligence Officer of the Department, in coordination with intelligence components of the Department, the Office of 

the General Counsel, the Privacy Office, and the Office for Civil Rights and Civil 

Liberties, shall develop and disseminate written Department-wide guidance for the 

processing, analysis, production, and dissemination of homeland security information (as such term is defined in section 892) and terrorism information (as such term 

is defined in section 1016 of the Intelligence Reform and Terrorism Prevention Act 

of 2004 (6 U.S.C. 485)). 

‘‘(b) CONTENTS.—The guidance required under subsection (a) shall, at a minimum, 

include the following: 

‘‘(1) A description of guiding principles and purposes of the Department’s intelligence enterprise. 

‘‘(2) A summary of the roles, responsibilities, and programs of each intelligence component of the Department in the processing, analysis, production, or 

dissemination of homeland security information and terrorism information, including relevant authorities and restrictions applicable to each such intelligence 

component. 

‘‘(3) Guidance for the processing, analysis, and production of such information. 

‘‘(4) Guidance for the dissemination of such information, including within the 

Department, among and between Federal departments and agencies, among 

and between State, local, Tribal, and territorial governments, including law enforcement, and with foreign partners and the private sector, consistent with the 

protection of privacy, civil rights, and civil liberties. 

‘‘(5) A description of how the dissemination to the intelligence community (as 

such term is defined in section 3(4) of the National Security Act of 1947 (50 

U.S.C. 3003(4))) and Federal law enforcement of such information assists such 

entities in carrying out their respective missions. 

‘‘(c) FORM.—The guidance required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

‘‘(d) ANNUAL REVIEW.—For each of the five fiscal years beginning with the first 

fiscal year that begins after the date of the enactment of this section, the Secretary 

shall conduct a review of the guidance required under subsection (a) and, as appropriate, revise such guidance.’’. 

(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 210G 

the following new item: 

‘‘Sec. 210H. Homeland intelligence doctrine.’’. 

SEC. 3. COMPTROLLER GENERAL ASSESSMENT. 

(a) ANNUAL ASSESSMENT REQUIRED.—Not later than one year after the date of the 

enactment of this Act and again not later than five years thereafter, the Comptroller 

General of the United States shall submit to the Committee on Homeland Security 

of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of the degree to which guidance established pursuant to section 210H of the Homeland Security Act of 2002 (as added 

by section 2 of this Act) is implemented across the Department of Homeland Security. Such assessment should evaluate the extent to which such guidance is carried 

out in a manner that protects privacy, civil rights, and civil liberties. 

(b) ELEMENTS OF ASSESSMENT.—In conducting each assessment under subsection 

(a), the Comptroller General of the United States shall— 

(1) use standard methodology and reporting formats in order to demonstrate 

and display any changes over time; and 

(2) include any other subject matter the Comptroller General determines appropriate. 

(c) ACCESS TO RELEVANT DATA.—To carry out this section, the Secretary of Homeland Security shall ensure that the Comptroller General of the United States has 

access to all relevant data. 

SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER. 

Paragraph (1) of section 201(e) of the Homeland Security Act of 2002 (6 U.S.C. 

121(e)) is amended by adding at the end the following new sentence: ‘‘The Secretary 


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shall also provide the Chief Intelligence Officer with a staff having appropriate expertise and experience to assist the Chief Intelligence Officer.’’. 

PURPOSE AND SUMMARY

H.R. 2589, the ‘‘Unifying DHS Intelligence Enterprise Act,’’ seeks 

to improve the Department of Homeland Security’s (DHS) intelligence enterprise by ensuring intelligence officers across DHS are 

sharing information and countering threats in a unified manner. 

The bill directs the DHS Secretary, acting through the Chief Intelligence Officer, in coordination with intelligence components of the 

Department, the Office of the General Counsel, the Privacy Office, 

and the Office for Civil Rights and Civil Liberties, to develop and 

disseminate written Department-wide guidance for the processing, 

analysis, production, and dissemination of homeland security information and terrorism information. The bill also requires an assessment and description of how the dissemination to the intelligence 

community and Federal law enforcement of such information assists such entities in carrying out their respective missions. An annual review of the guidance by the Secretary is required for each 

of the five years beginning with the first fiscal year that begins 

after the date of enactment. Additionally, the Secretary shall provide the Chief Intelligence Officer with a staff having the appropriate expertise and experience to assist the Chief Intelligence Officer. 

BACKGROUND AND NEED FOR LEGISLATION

In December 2016, the Committee on Homeland Security released Reviewing the Department of Homeland Security’s Intelligence Enterprise, a comprehensive review of the Department’s use 

of intelligence to counter terrorist threats and prescribed 30 recommendations. Since the Department was established intelligence 

and information sharing capabilities have matured but DHS still 

lacks a coordinated intelligence enterprise. Given the diversity of 

missions across the Department, it is vital that component intelligence officers are working together, sharing information, and vetting that information against intelligence community holdings. This 

bill allows the Department to function with the same precision in 

the handling of intelligence information as its Intelligence Community counterparts. 

HEARINGS

The Committee did not hold a legislative hearing on H.R. 2589 

in the 116th Congress. However, the Committee held the following 

oversight hearings: 

115th Congress 

On April 18, 2018, the Committee held a hearing entitled ‘‘From 

Boston to Austin: Lessons Learned on Homeland Threat Information Sharing.’’ The Committee received testimony from Mr. Brian 

Manley, Chief, Austin Police Department, Austin, Texas; Mr. William B. Evans, Commissioner, Boston Police Department, Boston, 

Massachusetts; Mr. Kerry Sleeper, Assistant Director, Partnership 

and Engagement, Federal Bureau of Investigation, U.S. Department of Justice; Mr. James E. McDermond, Assistant Director, OfVerDate Sep 11 2014 04:15 Jun 01, 2019 Jkt 089006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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fice of Strategic Intelligence and Information Bureau, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice; and Mr. Peter Newsham, Chief of Police, Washington Metropolitan Police Department—Testifying on behalf of the Major Cities 

Chiefs Association. 

On January 18, 2018, the Committee held a hearing entitled 

‘‘Combating Transnational Gangs Through Information Sharing.’’ 

The Committee received testimony from Mr. Stephen E. Richardson, Assistant Director, Criminal Investigative Division, Federal 

Bureau of Investigation; Mr. Raymond Villaneuva, Assistant Director in Charge, International Operations, U.S. Immigration and 

Customs Enforcement; and Mr. Richard Glenn, Acting Deputy Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs, U.S. Department of State. 

114th Congress 

On September 18, 2016, the Committee held a hearing entitled 

‘‘State and Local Perspectives on Federal Information Sharing.’’ 

The Committee received testimony from Dr. Cedric Alexander, National President, National Organization of Black Law Enforcement 

Executives (NOBLE); Mr. Richard Beary, Chief, Immediate Past 

President, International Association of Chiefs of Police; and Mr. 

Mike Sena, President, National Fusion Center Association. 

COMMITTEE CONSIDERATION

The Committee met on May 15, 2019, with a quorum being 

present, to consider H.R. 2589 and ordered the measure to be reported to the House with a favorable recommendation, with amendment, by unanimous consent. 

The following Amendment were offered and accepted by unanimous consent: 

An amendment offered by Ms. Jackson Lee: Page 3, line 11, insert 

‘‘, consistent with the protection of privacy, civil rights, and civil 

liberties’’ before the period. 

Page 3, beginning line 12 strike ‘‘An assessment and’’ and insert 

‘‘A’’. 

Insert after section 2 the following: 

SEC. 3. COMPTROLLER GENERAL ASSESSMENT. 

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. 

2589. 

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. 


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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 adopts as its own the estimate of the estimate 

of new budget authority, entitlement authority, or tax expenditures 

or revenues contained in the cost estimate prepared by the Director 

of the Congressional Budget Office. 

On May 15, the House Committee on Homeland Security ordered 

reported the following bills: 

• H.R. 542, the Supporting Research and Development for 

First Responders Act, which would codify laboratory programs 

that currently exist at the Department of Homeland Security 

(DHS); 

• H.R. 2589, the Unifying DHS Intelligence Enterprise Act, 

which would direct DHS to manage and provide guidance for 

the use of intelligence throughout the department; 

• H.R. 2590, the DHS Overseas Personnel Enhancement Act 

of 2019, which would require DHS to devise a plan to improve 

the effectiveness of department personnel who are stationed at 

foreign locations; 

• H.R. 2609, the DHS Acquisition Review Board Act of 2019, 

which would direct the department to establish a board to review major acquisition programs and enhance accountability 

and uniformity in the review process for DHS acquisitions; and 

• H.R. 2621, the Homeland Security Assessment of Terrorists 

Use of Ghost Guns Act, which would require DHS to evaluate 

the threat posed by firearms without unique serial numbers. 

DHS is currently carrying out activities similar to those required 

by the bills listed above, and any new activities required under the 

legislation would not require substantial action by the department. 

Thus, CBO estimates that implementing each bill would not significantly affect spending by DHS. 


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The CBO staff contact for these estimates is Mark Grabowicz. 

The estimates were reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

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. 

DUPLICATIVE FEDERAL PROGRAMS

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

H.R. 2589 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. 2589 directs the 

Secretary of the Department of Homeland Security through the Department’s Chief Intelligence Officer, in coordination with intelligence components of the Department, the Office of the General 

Counsel, the Privacy Office, and the Office for Civil Rights and 

Civil Liberties, to develop and disseminate written Departmentwide guidance for the processing, analysis, production, and dissemination of homeland security information and terrorism information. 

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. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides that this bill may be cited as the ‘‘Unifying 

DHS Intelligence Enterprise Act’’. 

Sec. 2. Homeland intelligence doctrine 

This section requires the Secretary, acting through the Chief Intelligence Officer of the Department, in coordination with intelligence components of the Department, the Office of the General 

Counsel, the Privacy Office, and the Office for Civil Rights and 

Civil Liberties, shall develop and disseminate written Departmentwide guidance for the processing, analysis, production, and dissemination of homeland security information and terrorism information. 

This section requires (1) a description of guiding principles and 

purposes of the Department’s intelligence enterprise; (2) a summary of the roles, responsibilities, and programs of each intelligence component of the Department in the processing, analysis, 

production, or dissemination of homeland security information; (3) 

guidance for the processing, analysis, and production of such information; (4) guidance for the dissemination of such information, including within the Department, among and between Federal deVerDate Sep 11 2014 04:15 Jun 01, 2019 Jkt 089006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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partments and agencies, among and between State, local, Tribal, 

and territorial governments, including law enforcement, and with 

foreign partners and the private sector, consistent with the protection of privacy, civil rights, and civil liberties; and (5) a description 

of how the dissemination to the intelligence community (as such 

term is defined in section 3(4) of the National Security Act of 1947 

(50 U.S.C. 3003(4))) and Federal law enforcement of such information assists such entities in carrying out their respective missions. 

The guidance must be submitted in unclassified form but may include a classified annex. 

For the five years after enactment, the Secretary is required to 

conduct an annual review of the guidance and, as appropriate, revise such guidance to ensure component compliance and that such 

guidance meets the needs of the Department. 

Sec. 3. Comptroller general assessment 

This section requires the Government Accountability Office to 

complete an annual review for five years on the implementation of 

the guidance across the DHS intelligence enterprise. The review 

shall include an evaluation of privacy, civil rights, and civil liberty 

protections. 

Sec. 4. Analysts for the Chief Intelligence Officer 

This section requires the Secretary to provide the Chief Intelligence Officer with a staff having appropriate expertise and experience to assist the Chief Intelligence Officer. For the past several 

years, the Chief Intelligence Officer has identified existing staff 

from within the Office of Intelligence and Analysis to work primarily on DHS intelligence enterprise issues. Additionally, personnel from component intelligence offices are serving as principal 

leads on several, newly created ‘‘Mission Centers’’ within the Office 

of Intelligence and Analysis. The Committee supports these ongoing efforts to utilize existing personnel to support and enhance the 

intelligence enterprise. The intention of this section is to ensure 

that existing employees continue to dedicate time and resources to 

the intelligence enterprise. 

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 (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. 

* * * * * * * 


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TITLE II—INFORMATION ANALYSIS 

Subtitle A—Information and analysis; Access to Information 

* * * * * * * 

Sec. 210H. Homeland intelligence doctrine. 

* * * * * * * 

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). 


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(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. 

(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 


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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 


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(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 


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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. The Secretary shall 

also provide the Chief Intelligence Officer with a staff having 

appropriate expertise and experience to assist the Chief Intelligence Officer. 

(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, inVerDate Sep 11 2014 04:15 Jun 01, 2019 Jkt 089006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\HR094.XXX HR094

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cluding the functions of the Secretary of Energy relating thereto. 

(5) The Federal Computer Incident Response Center of the 

General Services Administration, including the functions of the 

Administrator of General Services relating thereto. 

* * * * * * * 

SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE. 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this section, the Secretary, acting through the Chief Intelligence Officer of the Department, in coordination with intelligence components of the Department, the Office of the General 

Counsel, the Privacy Office, and the Office for Civil Rights and 

Civil Liberties, shall develop and disseminate written Departmentwide guidance for the processing, analysis, production, and dissemination of homeland security information (as such term is defined in 

section 892) and terrorism information (as such term is defined in 

section 1016 of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (6 U.S.C. 485)). 

(b) CONTENTS.—The guidance required under subsection (a) shall, 

at a minimum, include the following: 

(1) A description of guiding principles and purposes of the 

Department’s intelligence enterprise. 

(2) A summary of the roles, responsibilities, and programs of 

each intelligence component of the Department in the processing, analysis, production, or dissemination of homeland security information and terrorism information, including relevant authorities and restrictions applicable to each such intelligence component. 

(3) Guidance for the processing, analysis, and production of 

such information. 

(4) Guidance for the dissemination of such information, including within the Department, among and between Federal departments and agencies, among and between State, local, Tribal, and territorial governments, including law enforcement, and 

with foreign partners and the private sector, consistent with the 

protection of privacy, civil rights, and civil liberties. 

(5) A description of how the dissemination to the intelligence 

community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) and Federal 

law enforcement of such information assists such entities in carrying out their respective missions. 

(c) FORM.—The guidance required under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex. 

(d) ANNUAL REVIEW.—For each of the five fiscal years beginning 

with the first fiscal year that begins after the date of the enactment 

of this section, the Secretary shall conduct a review of the guidance 

required under subsection (a) and, as appropriate, revise such guidance. 

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SSpencer on DSKBBXCHB2PROD with REPORTS