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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2589 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Unifying DHS Intelligence 
Enterprise Act''.</DELETED>

<DELETED>SEC. 2. HOMELAND INTELLIGENCE DOCTRINE.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE.</DELETED>

<DELETED>    ``(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)).</DELETED>
<DELETED>    ``(b) Contents.--The guidance required under subsection 
(a) shall, at a minimum, include the following:</DELETED>
        <DELETED>    ``(1) A description of guiding principles and 
        purposes of the Department's intelligence enterprise.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Guidance for the processing, analysis, and 
        production of such information.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Form.--The guidance required under subsection (a) 
shall be submitted in unclassified form, but may include a classified 
annex.</DELETED>
<DELETED>    ``(d) Annual Review.--For each of the 5 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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 210H. Homeland intelligence doctrine.''.

<DELETED>SEC. 3. COMPTROLLER GENERAL ASSESSMENT.</DELETED>

<DELETED>    (a) Annual Assessment Required.--Not later than 1 year 
after the date of the enactment of this Act and again not later than 5 
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.</DELETED>
<DELETED>    (b) Elements of Assessment.--In conducting each assessment 
under subsection (a), the Comptroller General of the United States 
shall--</DELETED>
        <DELETED>    (1) use standard methodology and reporting formats 
        in order to demonstrate and display any changes over time; 
        and</DELETED>
        <DELETED>    (2) include any other subject matter the 
        Comptroller General determines appropriate.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER.</DELETED>

<DELETED>    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 shall also provide the Chief 
Intelligence Officer with a staff having appropriate expertise and 
experience to assist the Chief Intelligence Officer.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unifying DHS Intelligence Components 
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:

``SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE.

    ``(a) Definitions.--In this section--
            ``(1) the term `intelligence' has the meaning given that 
        term in section 3 of the National Security Act of 1947 (50 
        U.S.C. 3003);
            ``(2) the term `intelligence information' includes--
                    ``(A) 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);
                    ``(B) national intelligence, as defined in section 
                3 of the National Security Act of 1947 (50 U.S.C. 
                3003); and
                    ``(C) any other intelligence collected, gathered, 
                processed, analyzed, produced, or disseminated by an 
                intelligence component of the Department necessary to 
                execute the mission and discharge the lawful 
                preventive, protective, enforcement, or other 
                responsibilities of the Secretary; and
            ``(3) the term `terrorism information' has the meaning 
        given that term in section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485).
    ``(b) Developing Intelligence Doctrine.--Not later than 180 days 
after the date of the enactment of this section, the Secretary shall--
            ``(1) develop and disseminate written Department-wide 
        intelligence doctrine for the intelligence components of the 
        Department;
            ``(2) develop Department-wide policies, standards, and 
        programs for--
                    ``(A) training relating to the collection, 
                processing, analysis, and dissemination of intelligence 
                information, intelligence-related information, and 
                terrorism information by personnel within the 
                intelligence components of the Department; and
                    ``(B) coordinating the intelligence and 
                intelligence-related education of personnel within the 
                intelligence components of the Department; and
            ``(3) develop Department-wide policies for gathering and 
        developing lessons learned relating to intelligence 
        information, intelligence-related information, and terrorism 
        information, disseminating the lessons learned to personnel 
        within the intelligence components of the Department, and using 
        the lessons learned to inform the further development of the 
        intelligence doctrine.
    ``(c) Contents.--The intelligence doctrine, policies, standards, 
and programs required under subsection (b) shall, at a minimum, include 
the following:
            ``(1) A description of the fundamental principles guiding 
        the collection, processing, analysis, and dissemination of 
        intelligence information by, and oversight of the intelligence 
        activities of, the intelligence components of the Department.
            ``(2) A standardized terminology and summary describing 
        roles, relationships, responsibilities, and processes relating 
        to the collection, processing, analysis, production, and 
        dissemination of intelligence information by, and oversight of 
        the intelligence activities of, the intelligence components of 
        the Department.
            ``(3) The use of the intelligence doctrine as a foundation 
        for and to inform the development of the Department-wide 
        training and education referred to in subsection (b)(2), and 
        the incorporation, as appropriate, of intelligence and 
        intelligence-related exercises, best practices, and lessons 
        learned.
            ``(4) Guidance for the dissemination of intelligence 
        information, including within the Department, among and between 
        Federal departments and agencies, among and between members of 
        the intelligence community, among and between State, local, 
        Tribal, and Territorial governments (including law enforcement 
        agencies), with foreign partners, and with the private sector.
            ``(5) The protection of privacy, civil rights, and civil 
        liberties in the conduct of intelligence and intelligence-
        related activities by the intelligence components of the 
        Department.
            ``(6) Any mission statements, strategic and planning 
        documents, and other pertinent documents relevant to the 
        organizational structure and guidance provided to the 
        intelligence components of the Department.
    ``(d) Form.--The intelligence doctrine, policies, standards, and 
programs required under subsection (b) shall be disseminated in 
unclassified form, but may include a classified annex.
    ``(e) Review and Revision.--
            ``(1) Required reviews.--Not later than 1 year after the 
        date of enactment of this section, and every year thereafter 
        for 4 years, the Secretary shall conduct a review of and, as 
        appropriate, revise the intelligence doctrine, policies, 
        standards, and programs required under subsection (b).
            ``(2) Subsequent reviews.--After the end of the period 
        described in paragraph (1), the Secretary shall conduct a 
        review of and, as appropriate, revise the intelligence 
        doctrine, policies, standards, and programs required under 
        subsection (b) on an as needed basis.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296) is amended by 
inserting after the item relating to section 210G the following:

``Sec. 210H. Homeland intelligence doctrine.''.

SEC. 3. COMPTROLLER GENERAL ASSESSMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Homeland Security and Governmental Affairs and the 
Select Committee on Intelligence of the Senate and the Committee on 
Homeland Security and the Permanent Select Committee on Intelligence of 
the House of Representatives a report--
            (1) assessing the degree to which the intelligence 
        doctrine, policies, standards, and programs established 
        pursuant to section 210H of the Homeland Security Act of 2002 
        (as added by section 2 of this Act) are implemented across the 
        Department of Homeland Security;
            (2) evaluating the extent to which the intelligence 
        doctrine, policies, standards, and programs are carried out in 
        a manner that protects privacy, civil rights, and civil 
        liberties; and
            (3) incorporating an in-depth analysis, including an 
        assessment of effectiveness and possible areas for improvement, 
        of--
                    (A) the intelligence and intelligence-related 
                training programs of the intelligence components of the 
                Department (as defined in section 2 of the Homeland 
                Security Act of 2002 (6 U.S.C. 101));
                    (B) the utilization of other executive branch 
                intelligence and intelligence-related training programs 
                by the intelligence components of the Department;
                    (C) the utilization of international or a foreign 
                nation's intelligence and intelligence-related training 
                programs by the intelligence components of the 
                Department; and
                    (D) the utilization of private sector intelligence 
                and intelligence-related training programs by the 
                intelligence components of the Department of Homeland 
                Security.
    (b) Elements of Assessment.--In conducting the 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 variations between standards in 
        effect before the date of enactment of this Act and standards 
        in effect after the date of enactment of this Act; and
            (2) include any other subject matter the Comptroller 
        General determines appropriate.
    (c) Access to Relevant Data.--The Secretary of Homeland Security 
shall ensure that the Comptroller General of the United States has 
access to all data relevant to carrying out this section.

SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER.

    Section 201(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
121(e)(1)) is amended by adding at the end the following: ``The 
Secretary shall also provide the Chief Intelligence Officer with a 
staff having appropriate expertise and experience to assist the Chief 
Intelligence Officer.''.

SEC. 5. SAVINGS CLAUSE.

    (a) Definition.--In this section, 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. 3003(4)).
    (b) Savings Clause.--Nothing in this Act or an amendment made by 
this Act shall affect or diminish--
            (1) the authority and responsibilities of the Commandant of 
        the Coast Guard to--
                    (A) command or control the Coast Guard as an armed 
                force; or
                    (B) act as the head of an element of the 
                intelligence community; or
            (2) the authority of the Director of National Intelligence 
        with respect to the Coast Guard as an element of the 
        intelligence community.
                                                       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 establish a homeland 
intelligence doctrine for the Department of Homeland Security, and for 
                            other purposes.

_______________________________________________________________________

                            November 9, 2020

                       Reported with an amendment
```