Unifying DHS Intelligence Components Act

II Calendar No. 578 116TH CONGRESS 2D SESSION H. R. 2589 [Report No. 116–286] IN THE SENATE OF THE UNITED STATES OCTOBER 15, 2019 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs NOVEMBER 9, 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 a homeland intelligence doctrine for the Department of 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Unifying DHS Intel- 4 ligence Enterprise Act’’. 5 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2589 RS SEC. 2. HOMELAND INTELLIGENCE DOCTRINE. 1 (a) IN GENERAL.—Subtitle A of title II of the Home- 2 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend- 3 ed by adding at the end the following new section: 4 ‘‘SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE. 5 ‘‘(a) IN GENERAL.—Not later than 180 days after 6 the date of the enactment of this section, the Secretary, 7 acting through the Chief Intelligence Officer of the De- 8 partment, in coordination with intelligence components of 9 the Department, the Office of the General Counsel, the 10 Privacy Office, and the Office for Civil Rights and Civil 11 Liberties, shall develop and disseminate written Depart- 12 ment-wide guidance for the processing, analysis, produc- 13 tion, and dissemination of homeland security information 14 (as such term is defined in section 892) and terrorism in- 15 formation (as such term is defined in section 1016 of the 16 Intelligence Reform and Terrorism Prevention Act of 17 2004 (6 U.S.C. 485)). 18 ‘‘(b) CONTENTS.—The guidance required under sub- 19 section (a) shall, at a minimum, include the following: 20 ‘‘(1) A description of guiding principles and 21 purposes of the Department’s intelligence enterprise. 22 ‘‘(2) A summary of the roles, responsibilities, 23 and programs of each intelligence component of the 24 Department in the processing, analysis, production, 25 or dissemination of homeland security information 26 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2589 RS and terrorism information, including relevant au- 1 thorities and restrictions applicable to each such in- 2 telligence component. 3 ‘‘(3) Guidance for the processing, analysis, and 4 production of such information. 5 ‘‘(4) Guidance for the dissemination of such in- 6 formation, including within the Department, among 7 and between Federal departments and agencies, 8 among and between State, local, Tribal, and terri- 9 torial governments, including law enforcement, and 10 with foreign partners and the private sector, con- 11 sistent with the protection of privacy, civil rights, 12 and civil liberties. 13 ‘‘(5) A description of how the dissemination to 14 the intelligence community (as such term is defined 15 in section 3(4) of the National Security Act of 1947 16 (50 U.S.C. 3003(4))) and Federal law enforcement 17 of such information assists such entities in carrying 18 out their respective missions. 19 ‘‘(c) FORM.—The guidance required under subsection 20 (a) shall be submitted in unclassified form, but may in- 21 clude a classified annex. 22 ‘‘(d) ANNUAL REVIEW.—For each of the 5 fiscal 23 years beginning with the first fiscal year that begins after 24 the date of the enactment of this section, the Secretary 25 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2589 RS shall conduct a review of the guidance required under sub- 1 section (a) and, as appropriate, revise such guidance.’’. 2 (b) CLERICAL AMENDMENT.—The table of contents 3 in section 1(b) of the Homeland Security Act of 2002 is 4 amended by inserting after the item relating to section 5 210G the following new item: 6 ‘‘Sec. 210H. Homeland intelligence doctrine.’’. SEC. 3. COMPTROLLER GENERAL ASSESSMENT. 7 (a) ANNUAL ASSESSMENT REQUIRED.—Not later 8 than 1 year after the date of the enactment of this Act 9 and again not later than 5 years thereafter, the Comp- 10 troller General of the United States shall submit to the 11 Committee on Homeland Security of the House of Rep- 12 resentatives and the Committee on Homeland Security 13 and Governmental Affairs of the Senate an assessment of 14 the degree to which guidance established pursuant to sec- 15 tion 210H of the Homeland Security Act of 2002 (as 16 added by section 2 of this Act) is implemented across the 17 Department of Homeland Security. Such assessment 18 should evaluate the extent to which such guidance is car- 19 ried out in a manner that protects privacy, civil rights, 20 and civil liberties. 21 (b) ELEMENTS OF ASSESSMENT.—In conducting 22 each assessment under subsection (a), the Comptroller 23 General of the United States shall— 24 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2589 RS (1) use standard methodology and reporting 1 formats in order to demonstrate and display any 2 changes over time; and 3 (2) include any other subject matter the Comp- 4 troller General determines appropriate. 5 (c) ACCESS TO RELEVANT DATA.—To carry out this 6 section, the Secretary of Homeland Security shall ensure 7 that the Comptroller General of the United States has ac- 8 cess to all relevant data. 9 SEC. 4. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFI- 10 CER. 11 Paragraph (1) of section 201(e) of the Homeland Se- 12 curity Act of 2002 (6 U.S.C. 121(e)) is amended by add- 13 ing at the end the following new sentence: ‘‘The Secretary 14 shall also provide the Chief Intelligence Officer with a 15 staff having appropriate expertise and experience to assist 16 the Chief Intelligence Officer.’’. 17 SECTION 1. SHORT TITLE. 18 This Act may be cited as the ‘‘Unifying DHS Intel- 19 ligence Components Act’’. 20 SEC. 2. HOMELAND INTELLIGENCE DOCTRINE. 21 (a) IN GENERAL.—Subtitle A of title II of the Home- 22 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amended 23 by adding at the end the following: 24 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2589 RS ‘‘SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE. 1 ‘‘(a) DEFINITIONS.—In this section— 2 ‘‘(1) the term ‘intelligence’ has the meaning 3 given that term in section 3 of the National Security 4 Act of 1947 (50 U.S.C. 3003); 5 ‘‘(2) the term ‘intelligence information’ in- 6 cludes— 7 ‘‘(A) information within the scope of the in- 8 formation sharing environment established under 9 section 1016 of the Intelligence Reform and Ter- 10 rorism Prevention Act of 2004 (6 U.S.C. 485); 11 ‘‘(B) national intelligence, as defined in sec- 12 tion 3 of the National Security Act of 1947 (50 13 U.S.C. 3003); and 14 ‘‘(C) any other intelligence collected, gath- 15 ered, processed, analyzed, produced, or dissemi- 16 nated by an intelligence component of the De- 17 partment necessary to execute the mission and 18 discharge the lawful preventive, protective, en- 19 forcement, or other responsibilities of the Sec- 20 retary; and 21 ‘‘(3) the term ‘terrorism information’ has the 22 meaning given that term in section 1016 of the Intel- 23 ligence Reform and Terrorism Prevention Act of 2004 24 (6 U.S.C. 485). 25 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2589 RS ‘‘(b) DEVELOPING INTELLIGENCE DOCTRINE.—Not 1 later than 180 days after the date of the enactment of this 2 section, the Secretary shall— 3 ‘‘(1) develop and disseminate written Depart- 4 ment-wide intelligence doctrine for the intelligence 5 components of the Department; 6 ‘‘(2) develop Department-wide policies, stand- 7 ards, and programs for— 8 ‘‘(A) training relating to the collection, 9 processing, analysis, and dissemination of intel- 10 ligence information, intelligence-related informa- 11 tion, and terrorism information by personnel 12 within the intelligence components of the Depart- 13 ment; and 14 ‘‘(B) coordinating the intelligence and intel- 15 ligence-related education of personnel within the 16 intelligence components of the Department; and 17 ‘‘(3) develop Department-wide policies for gath- 18 ering and developing lessons learned relating to intel- 19 ligence information, intelligence-related information, 20 and terrorism information, disseminating the lessons 21 learned to personnel within the intelligence compo- 22 nents of the Department, and using the lessons 23 learned to inform the further development of the intel- 24 ligence doctrine. 25 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2589 RS ‘‘(c) CONTENTS.—The intelligence doctrine, policies, 1 standards, and programs required under subsection (b) 2 shall, at a minimum, include the following: 3 ‘‘(1) A description of the fundamental principles 4 guiding the collection, processing, analysis, and dis- 5 semination of intelligence information by, and over- 6 sight of the intelligence activities of, the intelligence 7 components of the Department. 8 ‘‘(2) A standardized terminology and summary 9 describing roles, relationships, responsibilities, and 10 processes relating to the collection, processing, anal- 11 ysis, production, and dissemination of intelligence in- 12 formation by, and oversight of the intelligence activi- 13 ties of, the intelligence components of the Department. 14 ‘‘(3) The use of the intelligence doctrine as a 15 foundation for and to inform the development of the 16 Department-wide training and education referred to 17 in subsection (b)(2), and the incorporation, as appro- 18 priate, of intelligence and intelligence-related exer- 19 cises, best practices, and lessons learned. 20 ‘‘(4) Guidance for the dissemination of intel- 21 ligence information, including within the Depart- 22 ment, among and between Federal departments and 23 agencies, among and between members of the intel- 24 ligence community, among and between State, local, 25 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2589 RS Tribal, and Territorial governments (including law 1 enforcement agencies), with foreign partners, and 2 with the private sector. 3 ‘‘(5) The protection of privacy, civil rights, and 4 civil liberties in the conduct of intelligence and intel- 5 ligence-related activities by the intelligence compo- 6 nents of the Department. 7 ‘‘(6) Any mission statements, strategic and plan- 8 ning documents, and other pertinent documents rel- 9 evant to the organizational structure and guidance 10 provided to the intelligence components of the Depart- 11 ment. 12 ‘‘(d) FORM.—The intelligence doctrine, policies, stand- 13 ards, and programs required under subsection (b) shall be 14 disseminated in unclassified form, but may include a classi- 15 fied annex. 16 ‘‘(e) REVIEW AND REVISION.— 17 ‘‘(1) REQUIRED REVIEWS.—Not later than 1 18 year after the date of enactment of this section, and 19 every year thereafter for 4 years, the Secretary shall 20 conduct a review of and, as appropriate, revise the 21 intelligence doctrine, policies, standards, and pro- 22 grams required under subsection (b). 23 ‘‘(2) SUBSEQUENT REVIEWS.—After the end of 24 the period described in paragraph (1), the Secretary 25 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2589 RS shall conduct a review of and, as appropriate, revise 1 the intelligence doctrine, policies, standards, and pro- 2 grams required under subsection (b) on an as needed 3 basis.’’. 4 (b) CLERICAL AMENDMENT.—The table of contents in 5 section 1(b) of the Homeland Security Act of 2002 (Public 6 Law 107–296) is amended by inserting after the item relat- 7 ing to section 210G the following: 8 ‘‘Sec. 210H. Homeland intelligence doctrine.’’. SEC. 3. COMPTROLLER GENERAL ASSESSMENT. 9 (a) IN GENERAL.—Not later than 1 year after the date 10 of enactment of this Act, the Comptroller General of the 11 United States shall submit to the Committee on Homeland 12 Security and Governmental Affairs and the Select Com- 13 mittee on Intelligence of the Senate and the Committee on 14 Homeland Security and the Permanent Select Committee 15 on Intelligence of the House of Representatives a report— 16 (1) assessing the degree to which the intelligence 17 doctrine, policies, standards, and programs estab- 18 lished pursuant to section 210H of the Homeland Se- 19 curity Act of 2002 (as added by section 2 of this Act) 20 are implemented across the Department of Homeland 21 Security; 22 (2) evaluating the extent to which the intelligence 23 doctrine, policies, standards, and programs are car- 24 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2589.RS H2589 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2589 RS ried out in a manner that protects privacy, civil 1 rights, and civil liberties; and 2 (3) incorporating an in-depth analysis, includ- 3 ing an assessment of effectiveness and possible areas 4 for improvement, of— 5 (A) the intelligence and intelligence-related 6 training programs of the intelligence components 7 of the Department (as defined in section 2 of the 8 Homeland Security Act of 2002 (6 U.S.C. 101)); 9 (B) the utilization of other executive branch 10 intelligence and intelligence-related training pro- 11 grams by the intelligence components of the De- 12 partment; 13 (C) the utilization of international or a for- 14 eign nation’s intelligence and intelligence-related 15 training programs by the intelligence compo- 16 nents of the Department; and 17 (D) the utilization of private sector intel- 18 ligence and intelligence-related training pro- 19 grams by the intelligence components of the De- 20 partment of Homeland Security. 21 (b) ELEMENTS OF ASSESSMENT.—In conducting the 22 assessment under subsection (a), the Comptroller General 23 of the United States shall— 24 VerDate Sep 11 2014 23:21 Nov 10, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2589.RS H2589 kjohnson o [Text truncated for display. 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