IIB 

112TH CONGRESS 

2D SESSION H. R. 2764 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2012 

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

Governmental Affairs 

AN ACT 

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. 


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HR 2764 RFS 

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 ‘‘WMD Intelligence and 

5 Information Sharing Act of 2012’’. 

6 SEC. 2. WEAPONS OF MASS DESTRUCTION INTELLIGENCE 

7 AND INFORMATION SHARING. 

8 (a) IN GENERAL.—Subtitle A of title II of the Home9 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend10 ed by adding at the end the following: 

11 ‘‘SEC. 210G. WEAPONS OF MASS DESTRUCTION INTEL12 LIGENCE AND INFORMATION SHARING. 

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

14 Analysis of the Department of Homeland Security shall— 

15 ‘‘(1) support homeland security-focused intel16 ligence analysis of terrorist actors, their claims, and 

17 their plans to conduct attacks involving chemical, bi18 ological, radiological, and nuclear materials against 

19 the Nation; 

20 ‘‘(2) support homeland security-focused intel21 ligence analysis of global biological threats, including 

22 global infectious disease, public health, food, agricul23 tural, and veterinary issues, through activities such 

24 as engagement of international partners; 


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

2 analysis and risk assessments of the homeland secu3 rity hazards described in paragraphs (1) and (2) by 

4 providing relevant quantitative and nonquantitative 

5 threat information; 

6 ‘‘(4) leverage existing and emerging homeland 

7 security intelligence capabilities and structures to 

8 enhance prevention, protection, response, and recov9 ery efforts with respect to a chemical, biological, ra10 diological, or nuclear attack; 

11 ‘‘(5) share information and provide tailored an12 alytical support on these threats to State, local, and 

13 tribal authorities as well as other national biosecu14 rity and biodefense stakeholders; 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, others in the Intel20 ligence Community, including the National Counter Pro21 liferation Center, and other Federal, State, local, and trib22 al authorities, including officials from high-threat areas, 

23 and enable such entities to provide recommendations on 

24 optimal information sharing mechanisms, including expeVerDate Mar 15 2010 21:35 Jun 05, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2764.RFS H2764

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1 ditious sharing of classified information, and on how they 

2 can provide information to the Department. 

3 ‘‘(c) REPORT.— 

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

5 after the date of the enactment of this section and 

6 annually thereafter, the Secretary shall report to the 

7 appropriate congressional committees on— 

8 ‘‘(A) the intelligence and information shar9 ing activities under subsection (a) and of all rel10 evant entities within the Department to counter 

11 the threat from weapons of mass destruction; 

12 and 

13 ‘‘(B) the Department’s activities in accord14 ance with relevant intelligence strategies. 

15 ‘‘(2) ASSESSMENT OF IMPLEMENTATION.—The 

16 report shall include— 

17 ‘‘(A) a description of methods established 

18 to assess progress of the Office of Intelligence 

19 and Analysis in implementing this section; and 

20 ‘‘(B) such assessment. 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘appropriate congressional com23 mittees’ means the Committee on Homeland Secu24 rity of the House of Representatives and any com25 mittee of the House of Representatives or the Senate 


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1 having legislative jurisdiction under the rules of the 

2 House of Representatives or Senate, respectively, 

3 over the matter concerned. 

4 ‘‘(2) The term ‘Intelligence Community’ has the 

5 meaning given that term in section 3(4) of the Na6 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

7 ‘‘(3) The term ‘national biosecurity and bio8 defense stakeholders’ means officials from the Fed9 eral, State, local, and tribal authorities and individ10 uals from the private sector who are involved in ef11 forts to prevent, protect against, respond to, and re12 cover from a biological attack or other phenomena 

13 that may have serious health consequences for the 

14 United States, including wide-scale fatalities or in15 fectious disease outbreaks.’’. 

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

17 in section 1(b) of such Act is amended by adding at the 

18 end of the items relating to such subtitle the following: 

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


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1 SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY 

2 THE DEPARTMENT TO STATE, LOCAL, TRIB3 AL, AND PRIVATE ENTITIES WITH RESPON4 SIBILITIES RELATING TO HOMELAND SECU5 RITY. 

6 Section 201(d)(8) of the Homeland Security Act of 

7 2002 (6 U.S.C. 121(d)(8)) is amended by striking ‘‘and 

8 to agencies of State’’ and all that follows and inserting 

9 ‘‘to State, local, tribal, and private entities with such re10 sponsibilities, and, as appropriate, to the public, in order 

11 to assist in preventing, deterring, or responding to acts 

12 of terrorism against the United States.’’. 

Passed the House of Representatives May 30, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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