CBRN Intelligence and Information Sharing Act of 2021

IIB 117TH CONGRESS 1ST SESSION H. R. 397 IN THE SENATE OF THE UNITED STATES APRIL 22, 2021 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 chemical, biological, radiological, and nuclear intelligence and information sharing functions of the Office of Intel- ligence and Analysis of the Department of Homeland Security and to require dissemination of information ana- lyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes. VerDate Sep 11 2014 17:52 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H397.RFS H397 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 397 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘CBRN Intelligence and 4 Information Sharing Act of 2021’’. 5 SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NU- 6 CLEAR INTELLIGENCE AND INFORMATION 7 SHARING. 8 (a) IN GENERAL.—Subtitle A of title II of the Home- 9 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend- 10 ed by inserting after section 210G the following new sec- 11 tion: 12 ‘‘SEC. 210H. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 13 NUCLEAR INTELLIGENCE AND INFORMATION 14 SHARING. 15 ‘‘(a) IN GENERAL.—The Office of Intelligence and 16 Analysis of the Department of Homeland Security shall— 17 ‘‘(1) support homeland security-focused intel- 18 ligence analysis of terrorist actors, their claims, and 19 their plans to conduct attacks involving chemical, bi- 20 ological, radiological, or nuclear materials against 21 the United States, including critical infrastructure; 22 ‘‘(2) support homeland security-focused intel- 23 ligence analysis of global infectious disease, public 24 health, food, agricultural, and veterinary issues; 25 VerDate Sep 11 2014 17:52 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H397.RFS H397 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 397 RFS ‘‘(3) support homeland security-focused risk 1 analysis and risk assessments of the homeland secu- 2 rity hazards described in paragraphs (1) and (2), in- 3 cluding the transportation of chemical, biological, 4 nuclear, and radiological materials, by providing rel- 5 evant quantitative and nonquantitative threat infor- 6 mation; 7 ‘‘(4) leverage existing and emerging homeland 8 security intelligence capabilities and structures to 9 enhance early detection, prevention, protection, re- 10 sponse, and recovery efforts with respect to a chem- 11 ical, biological, radiological, or nuclear attack; 12 ‘‘(5) share information and provide tailored an- 13 alytical support on such threats to State, local, Trib- 14 al, and territorial authorities, and other Federal 15 agencies, as well as relevant national biosecurity and 16 biodefense stakeholders, as appropriate; and 17 ‘‘(6) perform other responsibilities, as assigned 18 by the Secretary. 19 ‘‘(b) COORDINATION.—Where appropriate, the Office 20 of Intelligence and Analysis shall coordinate with other 21 relevant Department components, including the Coun- 22 tering Weapons of Mass Destruction Office and the Na- 23 tional Biosurveillance Integration Center, agencies within 24 the intelligence community, including the National 25 VerDate Sep 11 2014 17:52 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H397.RFS H397 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 397 RFS Counter Proliferation Center, and other Federal, State, 1 local, Tribal, and territorial authorities, including officials 2 from high-threat urban areas, State and major urban area 3 fusion centers, and local public health departments, as ap- 4 propriate, and enable such entities to provide rec- 5 ommendations on optimal information sharing mecha- 6 nisms, including expeditious sharing of classified informa- 7 tion, and on how such entities can provide information to 8 the Department. 9 ‘‘(c) DEFINITIONS.—In this section: 10 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 11 ‘intelligence community’ has the meaning given such 12 term in section 3(4) of the National Security Act of 13 1947 (50 U.S.C. 3003(4)). 14 ‘‘(2) NATIONAL BIOSECURITY AND BIODEFENSE 15 STAKEHOLDERS.—The term ‘national biosecurity 16 and biodefense stakeholders’ means officials from 17 Federal, State, local, Tribal, and territorial authori- 18 ties and individuals from the private sector who are 19 involved in efforts to prevent, protect against, re- 20 spond to, and recover from a biological attack or 21 other phenomena that may have serious health con- 22 sequences for the United States, including infectious 23 disease outbreaks.’’. 24 VerDate Sep 11 2014 17:52 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H397.RFS H397 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 397 RFS (b) CLERICAL AMENDMENT.—The table of contents 1 in section 1(b) of the Homeland Security Act of 2002 is 2 amended by inserting after the item relating to section 3 201E the following new item: 4 ‘‘Sec. 210H. Chemical, biological, radiological, and nuclear intelligence and in- formation sharing.’’. (c) REPORT.— 5 (1) IN GENERAL.—Not later than one year 6 after the date of the enactment of this Act and an- 7 nually thereafter for each of the following four years, 8 the Secretary of Homeland Security shall report to 9 the appropriate congressional committees on the fol- 10 lowing: 11 (A) The intelligence and information shar- 12 ing activities under section 210H of the Home- 13 land Security Act of 2002 (as added by sub- 14 section (a) of this section) and of all relevant 15 entities within the Department of Homeland 16 Security to counter the threat from attacks 17 using chemical, biological, radiological, or nu- 18 clear materials. 19 (B) The Department’s activities in accord- 20 ance with relevant intelligence strategies. 21 (2) ASSESSMENT OF IMPLEMENTATION.—The 22 reports required under paragraph (1) shall include 23 the following: 24 VerDate Sep 11 2014 17:52 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H397.RFS H397 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 397 RFS (A) An assessment of the progress of the 1 Office of Intelligence and Analysis of the De- 2 partment of Homeland Security in imple- 3 menting such section 210F. 4 (B) A description of the methods estab- 5 lished to carry out such assessment. 6 (3) DEFINITION.—In this subsection, the term 7 ‘‘appropriate congressional committees’’ means the 8 Committee on Homeland Security of the House of 9 Representatives and the Committee on Homeland 10 Security and Governmental Affairs of the Senate 11 and any committee of the House of Representatives 12 or the Senate having legislative jurisdiction under 13 the rules of the House of Representatives or Senate, 14 respectively, over the matter concerned. 15 SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY 16 THE DEPARTMENT TO STATE, LOCAL, TRIB- 17 AL, TERRITORIAL, AND PRIVATE ENTITIES 18 WITH RESPONSIBILITIES RELATING TO 19 HOMELAND SECURITY. 20 Paragraph (6) of section 201(d) of the Homeland Se- 21 curity Act of 2002 (6 U.S.C. 121(d)) is amended by strik- 22 ing ‘‘and to agencies of State’’ and all that follows through 23 the period at the end and inserting ‘‘to State, local, tribal, 24 territorial, and private entities with such responsibilities, 25 VerDate Sep 11 2014 17:52 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H397.RFS H397 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 397 RFS and, as appropriate, to the public, in order to assist in 1 preventing, deterring, or responding to acts of terrorism 2 against the United States.’’. 3 Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 17:52 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H397.RFS H397 pamtmann on DSKBC07HB2PROD with BILLS