19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–466 

WMD INTELLIGENCE AND INFORMATION SHARING ACT 

OF 2012 

MAY 8, 2012.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. KING of New York, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 2764] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 2764) to amend the Homeland Security Act of 2002 to establish weapons of mass destruction intelligence and information 

sharing functions of the Office of Intelligence and Analysis of the 

Department of Homeland Security and to require dissemination of 

information analyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 3 

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

Committee Votes ...................................................................................................... 4 

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

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Congressional Budget Office Estimate ................................................................... 5 

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

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 5 

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

Preemption Clarification ......................................................................................... 5 

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 


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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 ‘‘WMD Intelligence and Information Sharing Act of 

2012’’. 

SEC. 2. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION SHARING. 

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security Act of 2002 (6 

U.S.C. 121 et seq.) is amended by adding at the end the following: 

‘‘SEC. 210G. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION SHARING. 

‘‘(a) IN GENERAL.—The Office of Intelligence and Analysis of the Department of 

Homeland Security shall— 

‘‘(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the Nation; 

‘‘(2) support homeland security-focused intelligence analysis of global biological threats, including global infectious disease, public health, food, agricultural, 

and veterinary issues, through activities such as engagement of international 

partners; 

‘‘(3) support homeland security-focused risk analysis and risk assessments of 

the homeland security hazards described in paragraphs (1) and (2) by providing 

relevant quantitative and nonquantitative threat information; 

‘‘(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; 

‘‘(5) share information and provide tailored analytical support on these 

threats to State, local, and tribal authorities as well as other national biosecurity and biodefense stakeholders; and 

‘‘(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, others in the Intelligence Community, including the National Counter Proliferation Center, and other 

Federal, State, local, and tribal authorities, including officials from high-threat 

areas, and enable such entities to provide recommendations on optimal information 

sharing mechanisms, including expeditious sharing of classified information, and on 

how they can provide information to the Department. 

‘‘(c) REPORT.— 

‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of 

this section and annually thereafter, the Secretary shall report to the appropriate congressional committees on— 

‘‘(A) the intelligence and information sharing activities under subsection 

(a) and of all relevant entities within the Department to counter the threat 

from weapons of mass destruction; and 

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

strategies. 

‘‘(2) ASSESSMENT OF IMPLEMENTATION.—The report shall include— 

‘‘(A) a description of methods established to assess progress of the Office 

of Intelligence and Analysis in implementing this section; and 

‘‘(B) such assessment. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘appropriate congressional committees’ means the Committee on 

Homeland Security of the House of Representatives and any committee of the 

House of Representatives or the Senate having legislative jurisdiction under the 

rules of the House of Representatives or Senate, respectively, over the matter 

concerned. 

‘‘(2) The term ‘Intelligence Community’ has the meaning given that term in 

section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). 

‘‘(3) The term ‘national biosecurity and biodefense stakeholders’ means officials from the Federal, State, local, and tribal authorities and individuals from 

the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may 

have serious health consequences for the United States, including wide-scale fatalities or infectious disease outbreaks.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by adding at the end of the items relating to such subtitle the following: 

‘‘Sec. 210G. Weapons of mass destruction intelligence and information sharing.’’. 


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

LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO 

HOMELAND SECURITY. 

Section 201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(8)) is 

amended by striking ‘‘and to agencies of State’’ and all that follows and inserting 

‘‘to State, local, tribal, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts 

of terrorism against the United States.’’. 

PURPOSE AND SUMMARY

The purpose of H.R. 2764 is to amend the Homeland Security Act 

of 2002 to establish weapons of mass destruction 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. 

BACKGROUND AND NEED FOR LEGISLATION

The Congressionally-mandated Commission on the Prevention of 

WMD Proliferation and Terrorism found insufficiencies in the Intelligence Community’s ability to meet the needs of the highly technical nature of weapons of mass destruction (WMD) collection and 

analysis. The bioweapons threat in particular, the Commissioners 

argued in their report ‘‘World at Risk,’’ must remain among the 

highest national intelligence priorities. The Department of Homeland Security, as a member of the Intelligence Community, contributes to this goal. H.R. 2764, therefore, codifies and provides Congressional direction toward WMD intelligence activities at the Department of Homeland Security to ensure that vital WMD intelligence analysis and information sharing conducted within the Office and Intelligence and Analysis and elsewhere in the Department are retained, enhanced, coordinated with other agencies, and 

shared with appropriate stakeholders. 

HEARINGS

No hearings were held on H.R. 2764 in the 112th Congress; however, the Committee conducted oversight and related legislative 

hearings on the issues involved. 

On May 3, 2011, the Subcommittee on Counterterrorism and Intelligence held a hearing entitled, ‘‘The Threat to the U.S. Homeland Emanating from Pakistan.’’ The Subcommittee received testimony from Dr. Frederick Kagan, Resident Scholar and Director, 

American Enterprise Institute Critical Threats Project; Dr. Seth 

Jones, Senior Political Scientist, The RAND Corporation; Mr. Stephen Tankel, Visiting Fellow, South Asia Program, The Carnegie 

Endowment for International Peace; and Mr. Shuja Nawaz, Director, South Asia Center, The Atlantic Council. 

On June 1, 2011, the Subcommittee on Counterterrorism and Intelligence held a hearing entitled, ‘‘The DHS Intelligence Enterprise—Past, Present, and Future.’’ The Subcommittee received testimony from Hon. Caryn Wagner, Under Secretary for the Office of 

Intelligence and Analysis, Department of Homeland Security; Rear 

Admiral Thomas Atkin, Assistant Commandant for Intelligence 

and Criminal Investigation, U.S. Coast Guard; Mr. Daniel Johnson, 

Assistant Administrator for Intelligence, U.S. Transportation SecuVerDate Mar 15 2010 14:00 May 09, 2012 Jkt 019006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR466.XXX HR466

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rity Administration; Mr. James Chaparro, Assistant Director for 

Intelligence, U.S. Immigration and Customs Enforcement; and Ms. 

Susan Mitchell, Deputy Assistant Commissioner, Office of Intelligence and Operations Coordination, U.S. Customs and Border 

Protection. 

On June 23, 2011, the Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies, and the Subcommittee on Emergency Preparedness, Response, and Communications held a joint hearing on legislative recommendations of the 

WMD Commission entitled, ‘‘The WMD Prevention and Preparedness Act of 2011.’’ The Subcommittees received testimony from 

Hon. William J. Pascrell, Jr., a Representative in Congress from 

the 8th District of New Jersey; Senator Jim Talent, Vice Chairman, 

The Bipartisan WMD Center; Dr. Robert P. Kadlec, Former Special 

Assistant to the President for Biodefense; and Mr. Richard H. 

Berdnik, Sheriff, Passaic County, New Jersey. Provisions of H.R. 

2764 were included within the proposed WMD Prevention and Preparedness Act of 2011. 

On October 5, 2011, the Subcommittee on Counterterrorism and 

Intelligence held a hearing entitled, ‘‘Intelligence Sharing and Terrorist Travel: How DHS Addresses the Mission of Providing Security, Facilitating Commerce and Protecting Privacy for Passengers 

Engaged in International Travel.’’ The Subcommittee received testimony from Hon. David Heyman, Assistant Secretary for Policy, Department of Homeland Security; Ms. Mary Ellen Callahan, Chief 

Privacy Officer, Department of Homeland Security; and 

Mr.1AThomas Bush, Executive Director of Automation and Targeting, Office of Intelligence and Investigative Liaison, Customs 

and Border Protection, Department of Homeland Security. 

COMMITTEE CONSIDERATION

The Subcommittee on Counterterrorism and Intelligence met on 

November 15, 2011, to consider H.R. 2764, and ordered the measure reported to the Full Committee with a favorable recommendation, without amendment, by voice vote. 

The Committee met on March 28, 2012, to consider H.R. 2764, 

and ordered the measure to be reported to the House with a favorable recommendation, amended, by voice vote. The Committee took 

the following actions: 

The following amendments were offered: 

An amendment offered by Mr. CLARKE of Michigan (#1); was 

AGREED TO, by voice vote. 

Page 2, strike lines 18 through 20 and insert the following: 

‘‘(2) support homeland security-focused intelligence analysis of global biological threats, including infections disease, public health, food, agricultural, and 

veterinary issues, through activities such as engagement of international partners. 

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. 2764. 


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COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 2764, the 

WMD Intelligence and Information Sharing Act of 2011, would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, a cost estimate provided by the Congressional 

Budget Office pursuant to section 402 of the Congressional Budget 

Act of 1974 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. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 2764 contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized. 

H.R. 2764 required the Department to issue a report not less 

than 2 years after enactment to assess the implementation of this 

Act. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

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

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

FEDERAL MANDATES STATEMENT

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. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 


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the Committee finds that H.R. 2764 does not preempt any State, 

local, or Tribal law. 

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 ‘‘WMD Intelligence and Information 

Sharing Act of 2012’’. 

Section 2. Weapons of mass destruction intelligence and information sharing 

This section amends the Homeland Security Act of 2002 to require the Department of Homeland Security Office of Intelligence 

and Analysis (I&A) to support homeland-security focused analysis 

of terrorist actors pertaining to chemical, biological, radiological, 

and nuclear (CBRN) materials, global biological threats, public 

health and food, agricultural, and veterinary issues. The Department is required to leverage existing and emerging homeland security capabilities, such as fusion centers, and share information with 

State, local, and Tribal partners and other stakeholders. Where appropriate, I&A shall coordinate with other relevant Department 

components, others in the Intelligence Community, and other Federal, State, local, and Tribal authorities, including officials from 

high-threat areas, and enable such entities to provide recommendations on optimal information sharing mechanisms. The Secretary 

shall report annually to the appropriate congressional committees 

on activities to counter the threat from weapons of mass destruction (WMD) conducted by all relevant entities within the Department. 

The Committee is aware that I&A is engaged in CBRN intelligence and information sharing activities. This provision ensures 

that the Department has adequate and enduring expertise in its intelligence division to analyze and disseminate CBRN information, 

which may be highly technical. The Committee believes that this 

unit should work to the greatest extent possible with other Department of Homeland Security components (operational and intelligence), headquarters elements, and State, local, and Tribal authorities in order to enhance the Department’s counter-WMD activities. State, local, and Tribal participation, in particular, should 

include officials from high threat areas. The effective and appropriate sharing of information with state and local partners is paramount and remains a Committee priority. The Committee does not 

intend for the activities outlined by this section to duplicate those 

already conducted by the National Counterterrorism Center, the 


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Federal Bureau of Investigation, or other members of the Intelligence Community. The Committee believes that strict adherence 

to relevant National intelligence strategies will ensure clarity of 

mission for each Federal entity engaged in WMD intelligence activities. 

Section 3. Dissemination of information analyzed by the Department to State, local, Tribal, and private entities with responsibilities relating to Homeland Security 

This section expands the list of entities in section 201(d)(8) of the 

Homeland Security Act of 2002 which the Department disseminates information to include State, local, Tribal and private sector 

entities with homeland security responsibilities, and as appropriate, to the public, in order to assist in preventing, deterring, or 

responding to acts of terrorism against the United States. Specifically, this provisions adds Tribal entities and the public to the existing provision, recognizing that they are important stakeholders 

and partners in preventing, deterring, and responding to acts of 

terrorism against the United States, including chemical, biological, 

radiological, and nuclear terrorism. 

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, 

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) * * * 

(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 AND INFRASTRUCTURE PROTECTION 

SUBTITLE A—INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION; 

ACCESS TO INFORMATION

* * * * * * * 

Sec. 210G. Weapons of mass destruction intelligence and information sharing. 

* * * * * * * 


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TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

Subtitle A—Information and Analysis and 

Infrastructure Protection; Access to Information 

SEC. 201. INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION. 

(a) * * * 

* * * * * * * 

(d) RESPONSIBILITIES OF SECRETARY RELATING TO INTELLIGENCE

AND ANALYSIS AND INFRASTRUCTURE PROTECTION.—The responsibilities of the Secretary relating to intelligence and analysis and 

infrastructure protection shall be as follows: 

(1) * * * 

* * * * * * * 

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

the Department within the Department, to other agencies of 

the Federal Government with responsibilities relating to homeland security, øand to agencies of State and local governments 

and private sector entities with such responsibilities in order 

to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks against the United States.¿ to 

State, local, tribal, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in 

preventing, deterring, or responding to acts of terrorism against 

the United States. 

* * * * * * * 

SEC. 210G. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION SHARING. 

(a) IN GENERAL.—The Office of Intelligence and Analysis of the 

Department of Homeland Security shall— 

(1) support homeland security-focused intelligence analysis of 

terrorist actors, their claims, and their plans to conduct attacks 

involving chemical, biological, radiological, and nuclear materials against the Nation; 

(2) support homeland security-focused intelligence analysis of 

global biological threats, including global infectious disease, 

public health, food, agricultural, and veterinary issues, through 

activities such as engagement of international partners; 

(3) support homeland security-focused risk analysis and risk 

assessments of the homeland security hazards described in 

paragraphs (1) and (2) by providing relevant quantitative and 

nonquantitative threat information; 

(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; 


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(5) share information and provide tailored analytical support 

on these threats to State, local, and tribal authorities as well 

as other national biosecurity and biodefense stakeholders; and 

(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, others in the Intelligence Community, including the National Counter Proliferation Center, and other Federal, State, local, 

and tribal authorities, including officials from high-threat areas, 

and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of 

classified information, and on how they can provide information to 

the Department. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than one year after the date of the 

enactment of this section and annually thereafter, the Secretary 

shall report to the appropriate congressional committees on— 

(A) the intelligence and information sharing activities 

under subsection (a) and of all relevant entities within the 

Department to counter the threat from weapons of mass destruction; and 

(B) the Department’s activities in accordance with relevant intelligence strategies. 

(2) ASSESSMENT OF IMPLEMENTATION.—The report shall include— 

(A) a description of methods established to assess 

progress of the Office of Intelligence and Analysis in implementing this section; and 

(B) such assessment. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the Committee on Homeland Security of the House of Representatives and any committee of the House of Representatives or the 

Senate having legislative jurisdiction under the rules of the 

House of Representatives or Senate, respectively, over the matter 

concerned. 

(2) The term ‘‘Intelligence Community’’ has the meaning given 

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

(50 U.S.C. 401a(4)). 

(3) The term ‘‘national biosecurity and biodefense stakeholders’’ means officials from the Federal, State, local, and tribal authorities and individuals from the private sector who are 

involved in efforts to prevent, protect against, respond to, and 

recover from a biological attack or other phenomena that may 

have serious health consequences for the United States, including wide-scale fatalities or infectious disease outbreaks. 

* * * * * * * 

Æ 


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