Counter Threats Advisory Board Act of 2019

II Calendar No. 158 116TH CONGRESS 1ST SESSION S. 411 [Report No. 116–59] To establish a Counterterrorism Advisory Board, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 7, 2019 Ms. HASSAN (for herself and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs JULY 22, 2019 Reported by Mr. JOHNSON, with an amendment and an amendment to the title [Strike out all after the enacting clause and insert the part printed in italic] A BILL To establish a Counterterrorism Advisory Board, and for other purposes. 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 ‘‘Counterterrorism Advi- 4 sory Board Act of 2019’’. 5 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 411 RS SEC. 2. DEPARTMENT OF HOMELAND SECURITY COUNTER- 1 TERRORISM ADVISORY BOARD. 2 (a) IN GENERAL.—Subtitle A of title II of the Home- 3 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend- 4 ed by inserting after section 210E the following: 5 ‘‘SEC. 210F. DEPARTMENTAL COORDINATION ON COUNTER- 6 TERRORISM. 7 ‘‘(a) AUTHORIZATION.—There is authorized in the 8 Department a Counterterrorism Advisory Board (in this 9 section referred to as the ‘Board’) which shall— 10 ‘‘(1) be composed of senior representatives of 11 departmental operational components and head- 12 quarters elements; and 13 ‘‘(2) coordinate departmental intelligence activi- 14 ties and policy and information related to the mis- 15 sion and functions of the Department that counter 16 terrorist threats. 17 ‘‘(b) CHARTER.—There shall be a charter to govern 18 the structure and mission of the Board, which shall— 19 ‘‘(1) direct the Board to focus on the current 20 threat environment and the importance of aligning 21 departmental activities to counter threats under the 22 guidance of the Secretary; and 23 ‘‘(2) be reviewed and updated as appropriate. 24 ‘‘(c) MEMBERS.— 25 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 411 RS ‘‘(1) IN GENERAL.—The Board shall be com- 1 posed of senior representatives of departmental oper- 2 ational components and headquarters elements. 3 ‘‘(2) CHAIR.—The Under Secretary for Intel- 4 ligence and Analysis shall serve as the Chair of the 5 Board. 6 ‘‘(3) MEMBERS.—The Secretary shall appoint 7 additional members of the Board from among the 8 following: 9 ‘‘(A) The Transportation Security Admin- 10 istration. 11 ‘‘(B) U.S. Customs and Border Protection. 12 ‘‘(C) U.S. Immigration and Customs En- 13 forcement. 14 ‘‘(D) The Federal Emergency Management 15 Agency. 16 ‘‘(E) The Coast Guard. 17 ‘‘(F) U.S. Citizenship and Immigration 18 Services. 19 ‘‘(G) The United States Secret Service. 20 ‘‘(H) The Cybersecurity and Infrastructure 21 Security Agency. 22 ‘‘(I) The Office of Operations Coordina- 23 tion. 24 ‘‘(J) The Office of the General Counsel. 25 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 411 RS ‘‘(K) The Office of Intelligence and Anal- 1 ysis. 2 ‘‘(L) The Office of Strategy, Policy, and 3 Plans. 4 ‘‘(M) The Science and Technology Direc- 5 torate. 6 ‘‘(N) The Office for State and Local Law 7 Enforcement. 8 ‘‘(O) The Privacy Office. 9 ‘‘(P) The Office for Civil Rights and Civil 10 Liberties. 11 ‘‘(Q) Other departmental offices and pro- 12 grams as determined appropriate by the Sec- 13 retary. 14 ‘‘(d) MEETINGS.—The Board shall— 15 ‘‘(1) meet on a regular basis to discuss intel- 16 ligence and coordinate ongoing threat mitigation ef- 17 forts and departmental activities, including coordina- 18 tion with other Federal, State, local, tribal, terri- 19 torial, and private sector partners; and 20 ‘‘(2) make recommendations to the Secretary. 21 ‘‘(e) TERRORISM ALERTS.—The Board shall advise 22 the Secretary on the issuance of terrorism alerts under 23 section 203. 24 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 411 RS ‘‘(f) PROHIBITION ON ADDITIONAL FUNDS.—No ad- 1 ditional funds are authorized to carry out this section. 2 ‘‘(g) SUNSET.—The authority under this section shall 3 terminate on the date that is 2 years after the date of 4 enactment of the Counterterrorism Advisory Board Act of 5 2019.’’. 6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 7 The table of contents in section 1(b) of the Homeland Se- 8 curity Act of 2002 (Public Law 107–296; 116 Stat. 2135) 9 is amended by inserting after the item relating to section 10 210E the following: 11 ‘‘Sec. 210F. Departmental coordination on counterterrorism.’’. (c) REPORT.—Not later than 90 days after the date 12 of enactment of this Act, the Secretary of Homeland Secu- 13 rity, acting through the Chair of the Counterterrorism Ad- 14 visory Board established under section 210F of the Home- 15 land Security Act of 2002, as added by subsection (a), 16 shall submit to the Committee on Homeland Security and 17 Governmental Affairs of the Senate and the Committee 18 on Homeland Security of the House of Representatives a 19 report on the status and activities of the Counterterrorism 20 Advisory Board. 21 (d) NOTICE.—The Secretary of Homeland Security 22 shall provide written notification to and brief the Com- 23 mittee on Homeland Security and Governmental Affairs 24 of the Senate and the Committee on Homeland Security 25 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 411 RS of the House of Representatives on any changes to or in- 1 troductions of new mechanisms to coordinate threats 2 across the Department of Homeland Security. 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Counter Threats Advi- 5 sory Board Act of 2019’’. 6 SEC. 2. DEPARTMENT OF HOMELAND SECURITY COUNTER 7 THREATS ADVISORY BOARD. 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 amended 10 by inserting after section 210E the following: 11 ‘‘SEC. 210F. DEPARTMENTAL COORDINATION ON COUNTER 12 THREATS. 13 ‘‘(a) ESTABLISHMENT.—There is authorized in the De- 14 partment, for a period of 2 years beginning after the date 15 of enactment of this section, a Counter Threats Advisory 16 Board (in this section referred to as the ‘Board’) which 17 shall— 18 ‘‘(1) be composed of senior representatives of de- 19 partmental operational components and headquarters 20 elements; and 21 ‘‘(2) coordinate departmental intelligence activi- 22 ties and policy and information related to the mis- 23 sion and functions of the Department that counter 24 threats. 25 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 411 RS ‘‘(b) CHARTER.—There shall be a charter to govern the 1 structure and mission of the Board, which shall— 2 ‘‘(1) direct the Board to focus on the current 3 threat environment and the importance of aligning 4 departmental activities to counter threats under the 5 guidance of the Secretary; and 6 ‘‘(2) be reviewed and updated as appropriate. 7 ‘‘(c) MEMBERS.— 8 ‘‘(1) IN GENERAL.—The Board shall be composed 9 of senior representatives of departmental operational 10 components and headquarters elements. 11 ‘‘(2) CHAIR.—The Under Secretary for Intel- 12 ligence and Analysis shall serve as the Chair of the 13 Board. 14 ‘‘(3) MEMBERS.—The Secretary shall appoint 15 additional members of the Board from among the fol- 16 lowing: 17 ‘‘(A) The Transportation Security Adminis- 18 tration. 19 ‘‘(B) U.S. Customs and Border Protection. 20 ‘‘(C) U.S. Immigration and Customs En- 21 forcement. 22 ‘‘(D) The Federal Emergency Management 23 Agency. 24 ‘‘(E) The Coast Guard. 25 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 411 RS ‘‘(F) U.S. Citizenship and Immigration 1 Services. 2 ‘‘(G) The United States Secret Service. 3 ‘‘(H) The Cybersecurity and Infrastructure 4 Security Agency. 5 ‘‘(I) The Office of Operations Coordination. 6 ‘‘(J) The Office of the General Counsel. 7 ‘‘(K) The Office of Intelligence and Anal- 8 ysis. 9 ‘‘(L) The Office of Strategy, Policy, and 10 Plans. 11 ‘‘(M) The Science and Technology Direc- 12 torate. 13 ‘‘(N) The Office for State and Local Law 14 Enforcement. 15 ‘‘(O) The Privacy Office. 16 ‘‘(P) The Office for Civil Rights and Civil 17 Liberties. 18 ‘‘(Q) Other departmental offices and pro- 19 grams as determined appropriate by the Sec- 20 retary. 21 ‘‘(d) MEETINGS.—The Board shall— 22 ‘‘(1) meet on a regular basis to discuss intel- 23 ligence and coordinate ongoing threat mitigation ef- 24 forts and departmental activities, including coordina- 25 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 411 RS tion with other Federal, State, local, tribal, terri- 1 torial, and private sector partners; and 2 ‘‘(2) make recommendations to the Secretary. 3 ‘‘(e) TERRORISM ALERTS.—The Board shall advise the 4 Secretary on the issuance of terrorism alerts under section 5 203. 6 ‘‘(f) PROHIBITION ON ADDITIONAL FUNDS.—No addi- 7 tional funds are authorized to carry out this section.’’. 8 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 9 table of contents in section 1(b) of the Homeland Security 10 Act of 2002 (Public Law 107–296; 116 Stat. 2135) is 11 amended by inserting after the item relating to section 12 210E the following: 13 ‘‘Sec. 210F. Departmental coordination on counter threats.’’. (c) REPORT.—Not later than 90 days after the date 14 of enactment of this Act, the Secretary of Homeland Secu- 15 rity, acting through the Chair of the Counter Threats Advi- 16 sory Board established under section 210F of the Homeland 17 Security Act of 2002, as added by subsection (a), shall sub- 18 mit to the Committee on Homeland Security and Govern- 19 mental Affairs of the Senate and the Committee on Home- 20 land Security of the House of Representatives a report on 21 the status and activities of the Counter Threats Advisory 22 Board. 23 (d) NOTICE.—The Secretary of Homeland Security 24 shall provide written notification to and brief the Com- 25 VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 411 RS mittee on Homeland Security and Governmental Affairs of 1 the Senate and the Committee on Homeland Security of the 2 House of Representatives on any changes to or introduc- 3 tions of new mechanisms to coordinate threats across the 4 Department of Homeland Security. 5 Amend the title so as to read: ‘‘A bill to establish a Counter Threats Advisory Board, and for other pur- poses.’’. VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS Calendar No. 158 116TH CONGRESS 1ST SESSION S. 411 [Report No. 116–59] A BILL To establish a Counterterrorism Advisory Board, and for other purposes. JULY 22, 2019 Reported with an amendment and an amendment to the title VerDate Sep 11 2014 20:44 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\S411.RS S411 pamtmann on DSKBFK8HB2PROD with BILLS