II 

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. 

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


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1589 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘CBRN Intelligence and 

3 Information Sharing Act of 2019’’. 

4 SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NU5 CLEAR INTELLIGENCE AND INFORMATION 

6 SHARING. 

7 (a) IN GENERAL.—Subtitle A of title II of the Home8 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend9 ed by inserting after section 210E the following new sec10 tion: 

11 ‘‘SEC. 210F. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 

12 NUCLEAR INTELLIGENCE AND INFORMATION 

13 SHARING. 

14 ‘‘(a) IN GENERAL.—The Office of Intelligence and 

15 Analysis of the Department of Homeland Security shall— 

16 ‘‘(1) support homeland security-focused intel17 ligence analysis of terrorist actors, their claims, and 

18 their plans to conduct attacks involving chemical, bi19 ological, radiological, or nuclear materials against 

20 the United States, including critical infrastructure; 

21 ‘‘(2) support homeland security-focused intel22 ligence analysis of global infectious disease, public 

23 health, food, agricultural, and veterinary issues; 

24 ‘‘(3) support homeland security-focused risk 

25 analysis and risk assessments of the homeland secu26 rity hazards described in paragraphs (1) and (2), inVerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H1589.RS H1589

pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1589 RS

1 cluding the transportation of chemical, biological, 

2 nuclear, and radiological materials, by providing rel3 evant quantitative and nonquantitative threat infor4 mation; 

5 ‘‘(4) leverage existing and emerging homeland 

6 security intelligence capabilities and structures to 

7 enhance early detection, prevention, protection, re8 sponse, and recovery efforts with respect to a chem9 ical, biological, radiological, or nuclear attack; 

10 ‘‘(5) share information and provide tailored an11 alytical support on such threats to State, local, Trib12 al, and territorial authorities, and other Federal 

13 agencies, as well as relevant national biosecurity and 

14 biodefense stakeholders, as appropriate; and 

15 ‘‘(6) perform other responsibilities, as assigned 

16 by the Secretary. 

17 ‘‘(b) COORDINATION.—Where appropriate, the Office 

18 of Intelligence and Analysis shall coordinate with other 

19 relevant Department components, including the Coun20 tering Weapons of Mass Destruction Office and the Na21 tional Biosurveillance Integration Center, agencies within 

22 the intelligence community, including the National 

23 Counter Proliferation Center, and other Federal, State, 

24 local, Tribal, and territorial authorities, including officials 

25 from high-threat urban areas, State and major urban area 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 1589 RS

1 fusion centers, and local public health departments, as ap2 propriate, and enable such entities to provide rec3 ommendations on optimal information sharing mecha4 nisms, including expeditious sharing of classified informa5 tion, and on how such entities can provide information to 

6 the Department. 

7 ‘‘(c) DEFINITIONS.—In this section: 

8 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 

9 ‘intelligence community’ has the meaning given such 

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

11 1947 (50 U.S.C. 3003(4)). 

12 ‘‘(2) NATIONAL BIOSECURITY AND BIODEFENSE

13 STAKEHOLDERS.—The term ‘national biosecurity 

14 and biodefense stakeholders’ means officials from 

15 Federal, State, local, Tribal, and territorial authori16 ties and individuals from the private sector who are 

17 involved in efforts to prevent, protect against, re18 spond to, and recover from a biological attack or 

19 other phenomena that may have serious health con20 sequences for the United States, including infectious 

21 disease outbreaks.’’. 

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

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

24 amended by inserting after the item relating to section 

25 201E the following new item: 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 1589 RS

‘‘Sec. 210F. Chemical, biological, radiological, and nuclear intelligence and information sharing.’’. 

1 (c) REPORT.— 

2 (1) IN GENERAL.—Not later than one year 

3 after the date of the enactment of this Act and an4 nually thereafter for each of the following four years, 

5 the Secretary of Homeland Security shall report to 

6 the appropriate congressional committees on the fol7 lowing: 

8 (A) The intelligence and information shar9 ing activities under section 210F of the Home10 land Security Act of 2002 (as added by sub11 section (a) of this section) and of all relevant 

12 entities within the Department of Homeland 

13 Security to counter the threat from attacks 

14 using chemical, biological, radiological, or nu15 clear materials. 

16 (B) The Department’s activities in accord17 ance with relevant intelligence strategies. 

18 (2) ASSESSMENT OF IMPLEMENTATION.—The 

19 reports required under paragraph (1) shall include 

20 the following: 

21 (A) An assessment of the progress of the 

22 Office of Intelligence and Analysis of the De23 partment of Homeland Security in imple24 menting such section 210F. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 1589 RS

1 (B) A description of the methods estab2 lished to carry out such assessment. 

3 (3) DEFINITION.—In this subsection, the term 

4 ‘‘appropriate congressional committees’’ means the 

5 Committee on Homeland Security of the House of 

6 Representatives and the Committee on Homeland 

7 Security and Governmental Affairs of the Senate 

8 and any committee of the House of Representatives 

9 or the Senate having legislative jurisdiction under 

10 the rules of the House of Representatives or Senate, 

11 respectively, over the matter concerned. 

12 SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY 

13 THE DEPARTMENT TO STATE, LOCAL, TRIB14 AL, TERRITORIAL, AND PRIVATE ENTITIES 

15 WITH RESPONSIBILITIES RELATING TO 

16 HOMELAND SECURITY. 

17 Paragraph (6) of section 201(d) of the Homeland Se18 curity Act of 2002 (6 U.S.C. 121(d)) is amended by strik19 ing ‘‘and to agencies of State’’ and all that follows through 

20 the period at the end and inserting ‘‘to State, local, Tribal, 

21 territorial, and private entities with such responsibilities, 

22 and, as appropriate, to the public, in order to assist in 

23 preventing, deterring, or responding to acts of terrorism 

24 against the United States.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 1589 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘CBRN Intelligence and 

3 Information Sharing Act of 2019’’. 

4 SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NU5 CLEAR INTELLIGENCE AND INFORMATION 

6 SHARING. 

7 (a) IN GENERAL.—Subtitle A of title II of the Home8 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amended 

9 by inserting after section 210E the following: 

10 ‘‘SEC. 210F. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 

11 NUCLEAR INTELLIGENCE AND INFORMATION 

12 SHARING. 

13 ‘‘(a) IN GENERAL.—The Secretary, acting through the 

14 Undersecretary for Intelligence and Analysis, and working 

15 with the intelligence components of the Department, shall— 

16 ‘‘(1) coordinate the analysis of the intentions, ca17 pabilities, and plans of individuals or organizations 

18 threatening or preparing to conduct attacks against 

19 the homeland (including key resources and critical in20 frastructure of the United States) involving the use of 

21 chemical, biological, radiological, or nuclear mate22 rials, devices, or agents; 

23 ‘‘(2) coordinate the analysis of threats to home24 land security from global infectious disease and other 

25 food, agricultural, or veterinary threats to public 

26 health; 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 1589 RS

1 ‘‘(3) ensure the integration of the analysis de2 scribed in paragraphs (1) and (2) with assessments of 

3 the vulnerability of and risks to the people, territory, 

4 key resources, and critical infrastructure of the 

5 United States from chemical, biological, nuclear, and 

6 radiological materials, devices, or agents; 

7 ‘‘(4) leverage existing and emerging homeland se8 curity intelligence capabilities and structures to— 

9 ‘‘(A) plan for, detect, and protect against 

10 the importation, possession, storage, transpor11 tation, development, or use of unauthorized 

12 chemical, biological, radiological, or nuclear ma13 terials, devices, or agents in the United States; 

14 and 

15 ‘‘(B) protect against an attack using such 

16 materials, devices, or agents against the people, 

17 territory, or interests of the United States; 

18 ‘‘(5) share information and provide tailored ana19 lytical support on these threats to State, local, Tribal 

20 authorities and other Federal agencies, as appro21 priate; and 

22 ‘‘(6) perform other responsibilities, as assigned 

23 by the Secretary. 

24 ‘‘(b) COORDINATION.—Where appropriate, the Under25 secretary for Intelligence and Analysis shall— 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 1589 RS

1 ‘‘(1) coordinate with— 

2 ‘‘(A) other Departmental components, in3 cluding the Countering Weapons of Mass De4 struction Office, the Cybersecurity and Infra5 structure Security Agency, the Science and Tech6 nology Directorate; and 

7 ‘‘(B) other Federal, State, local, and Tribal 

8 entities, including officials from high-threat 

9 urban areas, State and major urban area fusion 

10 centers, and local public health departments; and 

11 ‘‘(2) enable such components and entities to pro12 vide recommendations on— 

13 ‘‘(A) optimal information sharing mecha14 nisms, including expeditious sharing of classified 

15 information; and 

16 ‘‘(B) how such components and entities can 

17 provide information to the Undersecretary and 

18 other components of the Department. 

19 ‘‘(c) DEFINITION.—In this section, the term ‘fusion 

20 center’ has the meaning given the term in section 210A.’’. 

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

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

23 Law 107–296; 116 Stat. 2135) is amended by inserting 

24 after the item relating to section 210E the following: 

‘‘Sec. 210F. Chemical, biological, radiological, and nuclear intelligence and information sharing.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 1589 RS

1 (c) REPORT.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of this Act and annually there4 after, the Secretary of Homeland Security shall report 

5 to the appropriate congressional committees on— 

6 (A) the intelligence and information shar7 ing activities under section 210F of the Home8 land Security Act of 2002 (as added by sub9 section (a) of this section) and of all relevant en10 tities within the Department of Homeland Secu11 rity to counter the threat from global infectious 

12 disease and attacks using chemical, biological, 

13 radiological, or nuclear materials, devices, or 

14 agents; and 

15 (B) the Department’s activities in accord16 ance with relevant intelligence strategies. 

17 (2) ASSESSMENT OF IMPLEMENTATION.—The re18 ports required under paragraph (1) shall include— 

19 (A) an assessment of the progress of the De20 partment of Homeland Security in imple21 menting such section 210F; and 

22 (B) a description of the methods established 

23 to carry out such assessment. 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 1589 RS

1 (3) TERMINATION.—This subsection shall termi2 nate on the date that is 5 years after the date of en3 actment of this Act. 

4 (4) DEFINITION.—In this subsection, the term 

5 ‘‘appropriate congressional committees’’ means the 

6 Committee on Homeland Security of the House of 

7 Representatives and the Committee on Homeland Se8 curity and Governmental Affairs of the Senate and 

9 any committee of the House of Representatives or the 

10 Senate having legislative jurisdiction under the rules 

11 of the House of Representatives or Senate, respec12 tively, over the matter concerned. 


pamtmann on DSKBC07HB2PROD with BILLS
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 

other purposes. sibilities relating to homeland security, and for lyzed by the Department to entities with responand to require dissemination of information anaysis of the Department of Homeland Security functions of the Office of Intelligence and Analnuclear intelligence and information sharing establish chemical, biological, radiological, and 

MARCH 2, 2020 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS