CBRN Intelligence and Information Sharing Act of 2019

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 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1589 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘CBRN Intelligence and 2 Information Sharing Act of 2019’’. 3 SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NU- 4 CLEAR INTELLIGENCE AND INFORMATION 5 SHARING. 6 (a) IN GENERAL.—Subtitle A of title II of the Home- 7 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend- 8 ed by inserting after section 210E the following new sec- 9 tion: 10 ‘‘SEC. 210F. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 11 NUCLEAR INTELLIGENCE AND INFORMATION 12 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 intel- 16 ligence analysis of terrorist actors, their claims, and 17 their plans to conduct attacks involving chemical, bi- 18 ological, radiological, or nuclear materials against 19 the United States, including critical infrastructure; 20 ‘‘(2) support homeland security-focused intel- 21 ligence analysis of global infectious disease, public 22 health, food, agricultural, and veterinary issues; 23 ‘‘(3) support homeland security-focused risk 24 analysis and risk assessments of the homeland secu- 25 rity hazards described in paragraphs (1) and (2), in- 26 VerDate 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 cluding the transportation of chemical, biological, 1 nuclear, and radiological materials, by providing rel- 2 evant quantitative and nonquantitative threat infor- 3 mation; 4 ‘‘(4) leverage existing and emerging homeland 5 security intelligence capabilities and structures to 6 enhance early detection, prevention, protection, re- 7 sponse, and recovery efforts with respect to a chem- 8 ical, biological, radiological, or nuclear attack; 9 ‘‘(5) share information and provide tailored an- 10 alytical support on such threats to State, local, Trib- 11 al, and territorial authorities, and other Federal 12 agencies, as well as relevant national biosecurity and 13 biodefense stakeholders, as appropriate; and 14 ‘‘(6) perform other responsibilities, as assigned 15 by the Secretary. 16 ‘‘(b) COORDINATION.—Where appropriate, the Office 17 of Intelligence and Analysis shall coordinate with other 18 relevant Department components, including the Coun- 19 tering Weapons of Mass Destruction Office and the Na- 20 tional Biosurveillance Integration Center, agencies within 21 the intelligence community, including the National 22 Counter Proliferation Center, and other Federal, State, 23 local, Tribal, and territorial authorities, including officials 24 from high-threat urban areas, State and major urban area 25 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1589 RS fusion centers, and local public health departments, as ap- 1 propriate, and enable such entities to provide rec- 2 ommendations on optimal information sharing mecha- 3 nisms, including expeditious sharing of classified informa- 4 tion, and on how such entities can provide information to 5 the Department. 6 ‘‘(c) DEFINITIONS.—In this section: 7 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 8 ‘intelligence community’ has the meaning given such 9 term in section 3(4) of the National Security Act of 10 1947 (50 U.S.C. 3003(4)). 11 ‘‘(2) NATIONAL BIOSECURITY AND BIODEFENSE 12 STAKEHOLDERS.—The term ‘national biosecurity 13 and biodefense stakeholders’ means officials from 14 Federal, State, local, Tribal, and territorial authori- 15 ties and individuals from the private sector who are 16 involved in efforts to prevent, protect against, re- 17 spond to, and recover from a biological attack or 18 other phenomena that may have serious health con- 19 sequences for the United States, including infectious 20 disease outbreaks.’’. 21 (b) CLERICAL AMENDMENT.—The table of contents 22 in section 1(b) of the Homeland Security Act of 2002 is 23 amended by inserting after the item relating to section 24 201E the following new item: 25 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1589 RS ‘‘Sec. 210F. Chemical, biological, radiological, and nuclear intelligence and in- formation sharing.’’. (c) REPORT.— 1 (1) IN GENERAL.—Not later than one year 2 after the date of the enactment of this Act and an- 3 nually thereafter for each of the following four years, 4 the Secretary of Homeland Security shall report to 5 the appropriate congressional committees on the fol- 6 lowing: 7 (A) The intelligence and information shar- 8 ing activities under section 210F of the Home- 9 land Security Act of 2002 (as added by sub- 10 section (a) of this section) and of all relevant 11 entities within the Department of Homeland 12 Security to counter the threat from attacks 13 using chemical, biological, radiological, or nu- 14 clear materials. 15 (B) The Department’s activities in accord- 16 ance with relevant intelligence strategies. 17 (2) ASSESSMENT OF IMPLEMENTATION.—The 18 reports required under paragraph (1) shall include 19 the following: 20 (A) An assessment of the progress of the 21 Office of Intelligence and Analysis of the De- 22 partment of Homeland Security in imple- 23 menting such section 210F. 24 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1589 RS (B) A description of the methods estab- 1 lished to carry out such assessment. 2 (3) DEFINITION.—In this subsection, the term 3 ‘‘appropriate congressional committees’’ means the 4 Committee on Homeland Security of the House of 5 Representatives and the Committee on Homeland 6 Security and Governmental Affairs of the Senate 7 and any committee of the House of Representatives 8 or the Senate having legislative jurisdiction under 9 the rules of the House of Representatives or Senate, 10 respectively, over the matter concerned. 11 SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY 12 THE DEPARTMENT TO STATE, LOCAL, TRIB- 13 AL, TERRITORIAL, AND PRIVATE ENTITIES 14 WITH RESPONSIBILITIES RELATING TO 15 HOMELAND SECURITY. 16 Paragraph (6) of section 201(d) of the Homeland Se- 17 curity Act of 2002 (6 U.S.C. 121(d)) is amended by strik- 18 ing ‘‘and to agencies of State’’ and all that follows through 19 the period at the end and inserting ‘‘to State, local, Tribal, 20 territorial, and private entities with such responsibilities, 21 and, as appropriate, to the public, in order to assist in 22 preventing, deterring, or responding to acts of terrorism 23 against the United States.’’. 24 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1589 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘CBRN Intelligence and 2 Information Sharing Act of 2019’’. 3 SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NU- 4 CLEAR INTELLIGENCE AND INFORMATION 5 SHARING. 6 (a) IN GENERAL.—Subtitle A of title II of the Home- 7 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amended 8 by inserting after section 210E the following: 9 ‘‘SEC. 210F. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 10 NUCLEAR INTELLIGENCE AND INFORMATION 11 SHARING. 12 ‘‘(a) IN GENERAL.—The Secretary, acting through the 13 Undersecretary for Intelligence and Analysis, and working 14 with the intelligence components of the Department, shall— 15 ‘‘(1) coordinate the analysis of the intentions, ca- 16 pabilities, and plans of individuals or organizations 17 threatening or preparing to conduct attacks against 18 the homeland (including key resources and critical in- 19 frastructure of the United States) involving the use of 20 chemical, biological, radiological, or nuclear mate- 21 rials, devices, or agents; 22 ‘‘(2) coordinate the analysis of threats to home- 23 land security from global infectious disease and other 24 food, agricultural, or veterinary threats to public 25 health; 26 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1589 RS ‘‘(3) ensure the integration of the analysis de- 1 scribed in paragraphs (1) and (2) with assessments of 2 the vulnerability of and risks to the people, territory, 3 key resources, and critical infrastructure of the 4 United States from chemical, biological, nuclear, and 5 radiological materials, devices, or agents; 6 ‘‘(4) leverage existing and emerging homeland se- 7 curity intelligence capabilities and structures to— 8 ‘‘(A) plan for, detect, and protect against 9 the importation, possession, storage, transpor- 10 tation, development, or use of unauthorized 11 chemical, biological, radiological, or nuclear ma- 12 terials, devices, or agents in the United States; 13 and 14 ‘‘(B) protect against an attack using such 15 materials, devices, or agents against the people, 16 territory, or interests of the United States; 17 ‘‘(5) share information and provide tailored ana- 18 lytical support on these threats to State, local, Tribal 19 authorities and other Federal agencies, as appro- 20 priate; and 21 ‘‘(6) perform other responsibilities, as assigned 22 by the Secretary. 23 ‘‘(b) COORDINATION.—Where appropriate, the Under- 24 secretary for Intelligence and Analysis shall— 25 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1589 RS ‘‘(1) coordinate with— 1 ‘‘(A) other Departmental components, in- 2 cluding the Countering Weapons of Mass De- 3 struction Office, the Cybersecurity and Infra- 4 structure Security Agency, the Science and Tech- 5 nology Directorate; and 6 ‘‘(B) other Federal, State, local, and Tribal 7 entities, including officials from high-threat 8 urban areas, State and major urban area fusion 9 centers, and local public health departments; and 10 ‘‘(2) enable such components and entities to pro- 11 vide recommendations on— 12 ‘‘(A) optimal information sharing mecha- 13 nisms, including expeditious sharing of classified 14 information; and 15 ‘‘(B) how such components and entities can 16 provide information to the Undersecretary and 17 other components of the Department. 18 ‘‘(c) DEFINITION.—In this section, the term ‘fusion 19 center’ has the meaning given the term in section 210A.’’. 20 (b) CLERICAL AMENDMENT.—The table of contents in 21 section 1(b) of the Homeland Security Act of 2002 (Public 22 Law 107–296; 116 Stat. 2135) is amended by inserting 23 after the item relating to section 210E the following: 24 ‘‘Sec. 210F. Chemical, biological, radiological, and nuclear intelligence and infor- mation sharing.’’. VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6213 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1589 RS (c) REPORT.— 1 (1) IN GENERAL.—Not later than 1 year after 2 the date of enactment of this Act and annually there- 3 after, the Secretary of Homeland Security shall report 4 to the appropriate congressional committees on— 5 (A) the intelligence and information shar- 6 ing activities under section 210F of the Home- 7 land Security Act of 2002 (as added by sub- 8 section (a) of this section) and of all relevant en- 9 tities within the Department of Homeland Secu- 10 rity to counter the threat from global infectious 11 disease and attacks using chemical, biological, 12 radiological, or nuclear materials, devices, or 13 agents; and 14 (B) the Department’s activities in accord- 15 ance with relevant intelligence strategies. 16 (2) ASSESSMENT OF IMPLEMENTATION.—The re- 17 ports required under paragraph (1) shall include— 18 (A) an assessment of the progress of the De- 19 partment of Homeland Security in imple- 20 menting such section 210F; and 21 (B) a description of the methods established 22 to carry out such assessment. 23 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1589 RS (3) TERMINATION.—This subsection shall termi- 1 nate on the date that is 5 years after the date of en- 2 actment of this Act. 3 (4) 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 Se- 7 curity and Governmental Affairs of the Senate and 8 any committee of the House of Representatives or the 9 Senate having legislative jurisdiction under the rules 10 of the House of Representatives or Senate, respec- 11 tively, over the matter concerned. 12 VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1589.RS H1589 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 establish chemical, biological, radiological, and nuclear intelligence and information sharing functions of the Office of Intelligence and Anal- ysis of the Department of Homeland Security and to require dissemination of information ana- lyzed by the Department to entities with respon- sibilities relating to homeland security, and for other purposes. MARCH 2, 2020 Reported with an amendment VerDate Sep 11 2014 22:21 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H1589.RS H1589 pamtmann on DSKBC07HB2PROD with BILLS