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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1589 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 437
116th CONGRESS
  2d Session
                                H. R. 1589

                          [Report No. 116-222]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2019

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

                             March 2, 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 chemical, 
  biological, radiological, and nuclear intelligence and information 
  sharing functions of the Office of Intelligence and Analysis of the 
    Department of Homeland Security and to require dissemination of 
        information analyzed by the Department to entities with 
responsibilities relating to homeland security, and for other purposes.

    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 ``CBRN Intelligence and 
Information Sharing Act of 2019''.</DELETED>

<DELETED>SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 
              INTELLIGENCE AND INFORMATION SHARING.</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 inserting 
after section 210E the following new section:</DELETED>

<DELETED>``SEC. 210F. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 
              INTELLIGENCE AND INFORMATION SHARING.</DELETED>

<DELETED>    ``(a) In General.--The Office of Intelligence and Analysis 
of the Department of Homeland Security shall--</DELETED>
        <DELETED>    ``(1) support homeland security-focused 
        intelligence analysis of terrorist actors, their claims, and 
        their plans to conduct attacks involving chemical, biological, 
        radiological, or nuclear materials against the United States, 
        including critical infrastructure;</DELETED>
        <DELETED>    ``(2) support homeland security-focused 
        intelligence analysis of global infectious disease, public 
        health, food, agricultural, and veterinary issues;</DELETED>
        <DELETED>    ``(3) support homeland security-focused risk 
        analysis and risk assessments of the homeland security hazards 
        described in paragraphs (1) and (2), including the 
        transportation of chemical, biological, nuclear, and 
        radiological materials, by providing relevant quantitative and 
        nonquantitative threat information;</DELETED>
        <DELETED>    ``(4) leverage existing and emerging homeland 
        security intelligence capabilities and structures to enhance 
        early detection, prevention, protection, response, and recovery 
        efforts with respect to a chemical, biological, radiological, 
        or nuclear attack;</DELETED>
        <DELETED>    ``(5) share information and provide tailored 
        analytical support on such threats to State, local, Tribal, and 
        territorial authorities, and other Federal agencies, as well as 
        relevant national biosecurity and biodefense stakeholders, as 
        appropriate; and</DELETED>
        <DELETED>    ``(6) perform other responsibilities, as assigned 
        by the Secretary.</DELETED>
<DELETED>    ``(b) Coordination.--Where appropriate, the Office of 
Intelligence and Analysis shall coordinate with other relevant 
Department components, including the Countering Weapons of Mass 
Destruction Office and the National Biosurveillance Integration Center, 
agencies within the intelligence community, including the National 
Counter Proliferation Center, and other Federal, State, local, Tribal, 
and territorial authorities, including officials from high-threat urban 
areas, State and major urban area fusion centers, and local public 
health departments, as appropriate, and enable such entities to provide 
recommendations on optimal information sharing mechanisms, including 
expeditious sharing of classified information, and on how such entities 
can provide information to the Department.</DELETED>
<DELETED>    ``(c) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Intelligence community.--The term 
        `intelligence community' has the meaning given such term in 
        section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        3003(4)).</DELETED>
        <DELETED>    ``(2) National biosecurity and biodefense 
        stakeholders.--The term `national biosecurity and biodefense 
        stakeholders' means officials from Federal, State, local, 
        Tribal, and territorial authorities and individuals from the 
        private sector who are involved in efforts to prevent, protect 
        against, respond to, and recover from a biological attack or 
        other phenomena that may have serious health consequences for 
        the United States, including infectious disease 
        outbreaks.''.</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 201E the following new item:</DELETED>

<DELETED>``Sec. 210F. Chemical, biological, radiological, and nuclear 
                            intelligence and information sharing.''.
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than one year after the 
        date of the enactment of this Act and annually thereafter for 
        each of the following four years, the Secretary of Homeland 
        Security shall report to the appropriate congressional 
        committees on the following:</DELETED>
                <DELETED>    (A) The intelligence and information 
                sharing activities under section 210F of the Homeland 
                Security Act of 2002 (as added by subsection (a) of 
                this section) and of all relevant entities within the 
                Department of Homeland Security to counter the threat 
                from attacks using chemical, biological, radiological, 
                or nuclear materials.</DELETED>
                <DELETED>    (B) The Department's activities in 
                accordance with relevant intelligence 
                strategies.</DELETED>
        <DELETED>    (2) Assessment of implementation.--The reports 
        required under paragraph (1) shall include the 
        following:</DELETED>
                <DELETED>    (A) An assessment of the progress of the 
                Office of Intelligence and Analysis of the Department 
                of Homeland Security in implementing such section 
                210F.</DELETED>
                <DELETED>    (B) A description of the methods 
                established to carry out such assessment.</DELETED>
        <DELETED>    (3) Definition.--In this subsection, the term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and any committee of the House of Representatives or the 
        Senate having legislative jurisdiction under the rules of the 
        House of Representatives or Senate, respectively, over the 
        matter concerned.</DELETED>

<DELETED>SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE 
              DEPARTMENT TO STATE, LOCAL, TRIBAL, TERRITORIAL, AND 
              PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO 
              HOMELAND SECURITY.</DELETED>

<DELETED>    Paragraph (6) of section 201(d) of the Homeland Security 
Act of 2002 (6 U.S.C. 121(d)) is amended by striking ``and to agencies 
of State'' and all that follows through the period at the end and 
inserting ``to State, local, Tribal, territorial, and private entities 
with such responsibilities, and, as appropriate, to the public, in 
order to assist in preventing, deterring, or responding to acts of 
terrorism against the United States.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``CBRN Intelligence and Information 
Sharing Act of 2019''.

SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE 
              AND INFORMATION SHARING.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after 
section 210E the following:

``SEC. 210F. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 
              INTELLIGENCE AND INFORMATION SHARING.

    ``(a) In General.--The Secretary, acting through the Undersecretary 
for Intelligence and Analysis, and working with the intelligence 
components of the Department, shall--
            ``(1) coordinate the analysis of the intentions, 
        capabilities, and plans of individuals or organizations 
        threatening or preparing to conduct attacks against the 
        homeland (including key resources and critical infrastructure 
        of the United States) involving the use of chemical, 
        biological, radiological, or nuclear materials, devices, or 
        agents;
            ``(2) coordinate the analysis of threats to homeland 
        security from global infectious disease and other food, 
        agricultural, or veterinary threats to public health;
            ``(3) ensure the integration of the analysis described in 
        paragraphs (1) and (2) with assessments of the vulnerability of 
        and risks to the people, territory, key resources, and critical 
        infrastructure of the United States from chemical, biological, 
        nuclear, and radiological materials, devices, or agents;
            ``(4) leverage existing and emerging homeland security 
        intelligence capabilities and structures to--
                    ``(A) plan for, detect, and protect against the 
                importation, possession, storage, transportation, 
                development, or use of unauthorized chemical, 
                biological, radiological, or nuclear materials, 
                devices, or agents in the United States; and
                    ``(B) protect against an attack using such 
                materials, devices, or agents against the people, 
                territory, or interests of the United States;
            ``(5) share information and provide tailored analytical 
        support on these threats to State, local, Tribal authorities 
        and other Federal agencies, as appropriate; and
            ``(6) perform other responsibilities, as assigned by the 
        Secretary.
    ``(b) Coordination.--Where appropriate, the Undersecretary for 
Intelligence and Analysis shall--
            ``(1) coordinate with--
                    ``(A) other Departmental components, including the 
                Countering Weapons of Mass Destruction Office, the 
                Cybersecurity and Infrastructure Security Agency, the 
                Science and Technology Directorate; and
                    ``(B) other Federal, State, local, and Tribal 
                entities, including officials from high-threat urban 
                areas, State and major urban area fusion centers, and 
                local public health departments; and
            ``(2) enable such components and entities to provide 
        recommendations on--
                    ``(A) optimal information sharing mechanisms, 
                including expeditious sharing of classified 
                information; and
                    ``(B) how such components and entities can provide 
                information to the Undersecretary and other components 
                of the Department.
    ``(c) Definition.--In this section, the term `fusion center' has 
the meaning given the term in section 210A.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by inserting after the item relating to section 210E the 
following:

``Sec. 210F. Chemical, biological, radiological, and nuclear 
                            intelligence and information sharing.''.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and annually thereafter, the Secretary of 
        Homeland Security shall report to the appropriate congressional 
        committees on--
                    (A) the intelligence and information sharing 
                activities under section 210F of the Homeland Security 
                Act of 2002 (as added by subsection (a) of this 
                section) and of all relevant entities within the 
                Department of Homeland Security to counter the threat 
                from global infectious disease and attacks using 
                chemical, biological, radiological, or nuclear 
                materials, devices, or agents; and
                    (B) the Department's activities in accordance with 
                relevant intelligence strategies.
            (2) Assessment of implementation.--The reports required 
        under paragraph (1) shall include--
                    (A) an assessment of the progress of the Department 
                of Homeland Security in implementing such section 210F; 
                and
                    (B) a description of the methods established to 
                carry out such assessment.
            (3) Termination.--This subsection shall terminate on the 
        date that is 5 years after the date of enactment of this Act.
            (4) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        any committee of the House of Representatives or the Senate 
        having legislative jurisdiction under the rules of the House of 
        Representatives or Senate, respectively, over the matter 
        concerned.
                                                       Calendar No. 437

116th CONGRESS

  2d Session

                               H. R. 1589

                          [Report No. 116-222]

_______________________________________________________________________

                                 AN ACT

   To amend the Homeland Security Act of 2002 to establish chemical, 
  biological, radiological, and nuclear intelligence and information 
  sharing functions of the Office of Intelligence and Analysis of the 
    Department of Homeland Security and to require dissemination of 
        information analyzed by the Department to entities with 
responsibilities relating to homeland security, and for other purposes.

_______________________________________________________________________

                             March 2, 2020

                       Reported with an amendment
```