II 

Calendar No. 578 

116TH CONGRESS 

2D SESSION H. R. 2589 

[Report No. 116–286] 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 15, 2019 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

NOVEMBER 9, 2020 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

To amend the Homeland Security Act of 2002 to establish 

a homeland intelligence doctrine for the Department of 

Homeland Security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unifying DHS Intel5 ligence Enterprise Act’’. 


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1 SEC. 2. HOMELAND INTELLIGENCE DOCTRINE. 

2 (a) IN GENERAL.—Subtitle A of title II of the Home3 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend4 ed by adding at the end the following new section: 

5 ‘‘SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE. 

6 ‘‘(a) IN GENERAL.—Not later than 180 days after 

7 the date of the enactment of this section, the Secretary, 

8 acting through the Chief Intelligence Officer of the De9 partment, in coordination with intelligence components of 

10 the Department, the Office of the General Counsel, the 

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

12 Liberties, shall develop and disseminate written Depart13 ment-wide guidance for the processing, analysis, produc14 tion, and dissemination of homeland security information 

15 (as such term is defined in section 892) and terrorism in16 formation (as such term is defined in section 1016 of the 

17 Intelligence Reform and Terrorism Prevention Act of 

18 2004 (6 U.S.C. 485)). 

19 ‘‘(b) CONTENTS.—The guidance required under sub20 section (a) shall, at a minimum, include the following: 

21 ‘‘(1) A description of guiding principles and 

22 purposes of the Department’s intelligence enterprise. 

23 ‘‘(2) A summary of the roles, responsibilities, 

24 and programs of each intelligence component of the 

25 Department in the processing, analysis, production, 

26 or dissemination of homeland security information 


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1 and terrorism information, including relevant au2 thorities and restrictions applicable to each such in3 telligence component. 

4 ‘‘(3) Guidance for the processing, analysis, and 

5 production of such information. 

6 ‘‘(4) Guidance for the dissemination of such in7 formation, including within the Department, among 

8 and between Federal departments and agencies, 

9 among and between State, local, Tribal, and terri10 torial governments, including law enforcement, and 

11 with foreign partners and the private sector, con12 sistent with the protection of privacy, civil rights, 

13 and civil liberties. 

14 ‘‘(5) A description of how the dissemination to 

15 the intelligence community (as such term is defined 

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

17 (50 U.S.C. 3003(4))) and Federal law enforcement 

18 of such information assists such entities in carrying 

19 out their respective missions. 

20 ‘‘(c) FORM.—The guidance required under subsection 

21 (a) shall be submitted in unclassified form, but may in22 clude a classified annex. 

23 ‘‘(d) ANNUAL REVIEW.—For each of the 5 fiscal 

24 years beginning with the first fiscal year that begins after 

25 the date of the enactment of this section, the Secretary 


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1 shall conduct a review of the guidance required under sub2 section (a) and, as appropriate, revise such guidance.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of the Homeland Security Act of 2002 is 

5 amended by inserting after the item relating to section 

6 210G the following new item: 

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

7 SEC. 3. COMPTROLLER GENERAL ASSESSMENT. 

8 (a) ANNUAL ASSESSMENT REQUIRED.—Not later 

9 than 1 year after the date of the enactment of this Act 

10 and again not later than 5 years thereafter, the Comp11 troller General of the United States shall submit to the 

12 Committee on Homeland Security of the House of Rep13 resentatives and the Committee on Homeland Security 

14 and Governmental Affairs of the Senate an assessment of 

15 the degree to which guidance established pursuant to sec16 tion 210H of the Homeland Security Act of 2002 (as 

17 added by section 2 of this Act) is implemented across the 

18 Department of Homeland Security. Such assessment 

19 should evaluate the extent to which such guidance is car20 ried out in a manner that protects privacy, civil rights, 

21 and civil liberties. 

22 (b) ELEMENTS OF ASSESSMENT.—In conducting 

23 each assessment under subsection (a), the Comptroller 

24 General of the United States shall— 


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1 (1) use standard methodology and reporting 

2 formats in order to demonstrate and display any 

3 changes over time; and 

4 (2) include any other subject matter the Comp5 troller General determines appropriate. 

6 (c) ACCESS TO RELEVANT DATA.—To carry out this 

7 section, the Secretary of Homeland Security shall ensure 

8 that the Comptroller General of the United States has ac9 cess to all relevant data. 

10 SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFI11 CER. 

12 Paragraph (1) of section 201(e) of the Homeland Se13 curity Act of 2002 (6 U.S.C. 121(e)) is amended by add14 ing at the end the following new sentence: ‘‘The Secretary 

15 shall also provide the Chief Intelligence Officer with a 

16 staff having appropriate expertise and experience to assist 

17 the Chief Intelligence Officer.’’. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘Unifying DHS Intel20 ligence Components Act’’. 

21 SEC. 2. HOMELAND INTELLIGENCE DOCTRINE. 

22 (a) IN GENERAL.—Subtitle A of title II of the Home23 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amended 

24 by adding at the end the following: 


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1 ‘‘SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE. 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘intelligence’ has the meaning 

4 given that term in section 3 of the National Security 

5 Act of 1947 (50 U.S.C. 3003); 

6 ‘‘(2) the term ‘intelligence information’ in7 cludes— 

8 ‘‘(A) information within the scope of the in9 formation sharing environment established under 

10 section 1016 of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 (6 U.S.C. 485); 

12 ‘‘(B) national intelligence, as defined in sec13 tion 3 of the National Security Act of 1947 (50 

14 U.S.C. 3003); and 

15 ‘‘(C) any other intelligence collected, gath16 ered, processed, analyzed, produced, or dissemi17 nated by an intelligence component of the De18 partment necessary to execute the mission and 

19 discharge the lawful preventive, protective, en20 forcement, or other responsibilities of the Sec21 retary; and 

22 ‘‘(3) the term ‘terrorism information’ has the 

23 meaning given that term in section 1016 of the Intel24 ligence Reform and Terrorism Prevention Act of 2004 

25 (6 U.S.C. 485). 


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1 ‘‘(b) DEVELOPING INTELLIGENCE DOCTRINE.—Not 

2 later than 180 days after the date of the enactment of this 

3 section, the Secretary shall— 

4 ‘‘(1) develop and disseminate written Depart5 ment-wide intelligence doctrine for the intelligence 

6 components of the Department; 

7 ‘‘(2) develop Department-wide policies, stand8 ards, and programs for— 

9 ‘‘(A) training relating to the collection, 

10 processing, analysis, and dissemination of intel11 ligence information, intelligence-related informa12 tion, and terrorism information by personnel 

13 within the intelligence components of the Depart14 ment; and 

15 ‘‘(B) coordinating the intelligence and intel16 ligence-related education of personnel within the 

17 intelligence components of the Department; and 

18 ‘‘(3) develop Department-wide policies for gath19 ering and developing lessons learned relating to intel20 ligence information, intelligence-related information, 

21 and terrorism information, disseminating the lessons 

22 learned to personnel within the intelligence compo23 nents of the Department, and using the lessons 

24 learned to inform the further development of the intel25 ligence doctrine. 


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1 ‘‘(c) CONTENTS.—The intelligence doctrine, policies, 

2 standards, and programs required under subsection (b) 

3 shall, at a minimum, include the following: 

4 ‘‘(1) A description of the fundamental principles 

5 guiding the collection, processing, analysis, and dis6 semination of intelligence information by, and over7 sight of the intelligence activities of, the intelligence 

8 components of the Department. 

9 ‘‘(2) A standardized terminology and summary 

10 describing roles, relationships, responsibilities, and 

11 processes relating to the collection, processing, anal12 ysis, production, and dissemination of intelligence in13 formation by, and oversight of the intelligence activi14 ties of, the intelligence components of the Department. 

15 ‘‘(3) The use of the intelligence doctrine as a 

16 foundation for and to inform the development of the 

17 Department-wide training and education referred to 

18 in subsection (b)(2), and the incorporation, as appro19 priate, of intelligence and intelligence-related exer20 cises, best practices, and lessons learned. 

21 ‘‘(4) Guidance for the dissemination of intel22 ligence information, including within the Depart23 ment, among and between Federal departments and 

24 agencies, among and between members of the intel25 ligence community, among and between State, local, 


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1 Tribal, and Territorial governments (including law 

2 enforcement agencies), with foreign partners, and 

3 with the private sector. 

4 ‘‘(5) The protection of privacy, civil rights, and 

5 civil liberties in the conduct of intelligence and intel6 ligence-related activities by the intelligence compo7 nents of the Department. 

8 ‘‘(6) Any mission statements, strategic and plan9 ning documents, and other pertinent documents rel10 evant to the organizational structure and guidance 

11 provided to the intelligence components of the Depart12 ment. 

13 ‘‘(d) FORM.—The intelligence doctrine, policies, stand14 ards, and programs required under subsection (b) shall be 

15 disseminated in unclassified form, but may include a classi16 fied annex. 

17 ‘‘(e) REVIEW AND REVISION.— 

18 ‘‘(1) REQUIRED REVIEWS.—Not later than 1 

19 year after the date of enactment of this section, and 

20 every year thereafter for 4 years, the Secretary shall 

21 conduct a review of and, as appropriate, revise the 

22 intelligence doctrine, policies, standards, and pro23 grams required under subsection (b). 

24 ‘‘(2) SUBSEQUENT REVIEWS.—After the end of 

25 the period described in paragraph (1), the Secretary 


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1 shall conduct a review of and, as appropriate, revise 

2 the intelligence doctrine, policies, standards, and pro3 grams required under subsection (b) on an as needed 

4 basis.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents in 

6 section 1(b) of the Homeland Security Act of 2002 (Public 

7 Law 107–296) is amended by inserting after the item relat8 ing to section 210G the following: 

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

9 SEC. 3. COMPTROLLER GENERAL ASSESSMENT. 

10 (a) IN GENERAL.—Not later than 1 year after the date 

11 of enactment of this Act, the Comptroller General of the 

12 United States shall submit to the Committee on Homeland 

13 Security and Governmental Affairs and the Select Com14 mittee on Intelligence of the Senate and the Committee on 

15 Homeland Security and the Permanent Select Committee 

16 on Intelligence of the House of Representatives a report— 

17 (1) assessing the degree to which the intelligence 

18 doctrine, policies, standards, and programs estab19 lished pursuant to section 210H of the Homeland Se20 curity Act of 2002 (as added by section 2 of this Act) 

21 are implemented across the Department of Homeland 

22 Security; 

23 (2) evaluating the extent to which the intelligence 

24 doctrine, policies, standards, and programs are carVerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2589.RS H2589

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1 ried out in a manner that protects privacy, civil 

2 rights, and civil liberties; and 

3 (3) incorporating an in-depth analysis, includ4 ing an assessment of effectiveness and possible areas 

5 for improvement, of— 

6 (A) the intelligence and intelligence-related 

7 training programs of the intelligence components 

8 of the Department (as defined in section 2 of the 

9 Homeland Security Act of 2002 (6 U.S.C. 101)); 

10 (B) the utilization of other executive branch 

11 intelligence and intelligence-related training pro12 grams by the intelligence components of the De13 partment; 

14 (C) the utilization of international or a for15 eign nation’s intelligence and intelligence-related 

16 training programs by the intelligence compo17 nents of the Department; and 

18 (D) the utilization of private sector intel19 ligence and intelligence-related training pro20 grams by the intelligence components of the De21 partment of Homeland Security. 

22 (b) ELEMENTS OF ASSESSMENT.—In conducting the 

23 assessment under subsection (a), the Comptroller General 

24 of the United States shall— 


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1 (1) use standard methodology and reporting for2 mats in order to demonstrate and display any vari3 ations between standards in effect before the date of 

4 enactment of this Act and standards in effect after the 

5 date of enactment of this Act; and 

6 (2) include any other subject matter the Comp7 troller General determines appropriate. 

8 (c) ACCESS TO RELEVANT DATA.—The Secretary of 

9 Homeland Security shall ensure that the Comptroller Gen10 eral of the United States has access to all data relevant to 

11 carrying out this section. 

12 SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER. 

13 Section 201(e)(1) of the Homeland Security Act of 

14 2002 (6 U.S.C. 121(e)(1)) is amended by adding at the end 

15 the following: ‘‘The Secretary shall also provide the Chief 

16 Intelligence Officer with a staff having appropriate exper17 tise and experience to assist the Chief Intelligence Officer.’’. 

18 SEC. 5. SAVINGS CLAUSE. 

19 (a) DEFINITION.—In this section, the term ‘‘intel20 ligence community’’ has the meaning given that term in 

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

22 3003(4)). 

23 (b) SAVINGS CLAUSE.—Nothing in this Act or an 

24 amendment made by this Act shall affect or diminish— 


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1 (1) the authority and responsibilities of the Com2 mandant of the Coast Guard to— 

3 (A) command or control the Coast Guard as 

4 an armed force; or 

5 (B) act as the head of an element of the in6 telligence community; or 

7 (2) the authority of the Director of National In8 telligence with respect to the Coast Guard as an ele9 ment of the intelligence community. 


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Calendar No. 578 

116TH CONGRESS 

2D SESSION H. R. 2589 

[Report No. 116–286] 

AN ACT 

To amend the Homeland Security Act of 2002 to 

purposes. Department of Homeland Security, and for other establish a homeland intelligence doctrine for the 

NOVEMBER 9, 2020 

Reported with an amendment 


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