[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5405 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5405

 To amend the National Security Act of 1947, to direct the Director of 
  National Intelligence to submit a biennial report on the biodefense 
  activities and duties of the intelligence community, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2021

 Mr. Swalwell introduced the following bill; which was referred to the 
               Permanent Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
 To amend the National Security Act of 1947, to direct the Director of 
  National Intelligence to submit a biennial report on the biodefense 
  activities and duties of the intelligence community, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biological Intelligence Oversight 
Reporting Act''.

SEC. 2. BIENNIAL REPORT ON BIODEFENSE ACTIVITIES AND DUTIES OF 
              INTELLIGENCE COMMUNITY.

    (a) Biennial Report.--Title I of the National Security Act of 1947 
(50 U.S.C. 3021 et seq.) is amended by adding at the end the following 
new section (and conforming the table of contents at the beginning of 
such Act accordingly):

``SEC. 121. BIENNIAL REPORT ON BIODEFENSE ACTIVITIES AND DUTIES.

    ``(a) Report.--On a biennial basis, the Director of National 
Intelligence, in coordination with the heads of the elements of the 
intelligence community determined relevant by the Director, shall 
submit to the congressional intelligence committees a comprehensive 
report on the activities, prioritization, and responsibilities of the 
intelligence community relating to biodefense and biological threats.
    ``(b) Elements Included.--Each report under subsection (a) shall 
include, with respect to the time period covered by the report, the 
following:
            ``(1) A detailed description of all covered activities 
        undertaken by the intelligence community, dissaggregated by 
        element of the intelligence community.
            ``(2) A detailed description of all covered duties that 
        are--
                    ``(A) explicitly assigned to, or led by, the Office 
                of the Director of National Intelligence (including the 
                National Intelligence Council, the National 
                Intelligence Management Council, and any center in the 
                Office of the Director of National Intelligence);
                    ``(B) explicitly assigned to, or led by, an element 
                of the intelligence community other than the element 
                specified in subparagraph (A); or
                    ``(C) otherwise shared collectively by, or jointly 
                within, the intelligence community.
            ``(3) An assessment of any gaps in the covered activities 
        or covered duties of the intelligence community.
            ``(4) An inventory and assessment of the current 
        authorities, strategies, plans, policies, and interagency 
        agreements of the intelligence community relating to biodefense 
        or the countering of biological threats, including with respect 
        to prevention, deterrence, preparedness, detection, response, 
        attribution, recovery, and mitigation.
            ``(5) An assessment of any gaps in the authorities, 
        strategies, plans, policies, or interagency agreements 
        described in paragraph (4).
            ``(6) A detailed description and characterization of the 
        following:
                    ``(A) The coordination among the elements of the 
                intelligence community with respect to covered 
                activities and covered duties.
                    ``(B) The coordination and integration between 
                elements of the intelligence community and non-
                intelligence community partners with respect to covered 
                activities and covered duties.
                    ``(C) Any interactions between the elements of the 
                intelligence community and non-intelligence community 
                partners with respect to covered activities, 
                disseggregated by element of the intelligence 
                community.
                    ``(D) Any interactions between the elements of the 
                intelligence community and the managers of intelligence 
                functions (as specified in section 103J of this title) 
                with respect to covered activities.
                    ``(E) Any interactions between the entities 
                specified in subparagraph (D) and the President with 
                respect to covered activities, including an 
                identification of any positions within the Executive 
                Office of the President involved in such interactions.
            ``(7) A detailed description of how funds are used to carry 
        out biological intelligence activities, including covered 
        activities of the intelligence community.
            ``(8) An assessment of the spread and effect of foreign-
        sourced misinformation and disinformation relating to 
        biodefense and biological threats.
            ``(9) A detailed description of the capabilities of the 
        intelligence community that could contribute to any efforts by 
        non-intelligence community partners to such misinformation and 
        disinformation.
            ``(10) A detailed description of any previous, ongoing, or 
        planned efforts or activities of the intelligence community in 
        support of the implementation of the National Biodefense 
        Strategy by the Biodefense Steering Committee, or such 
        successor committee.
            ``(11) An inventory and assessment of the current 
        strategies, plans, policies, and interagency agreements of the 
        intelligence community in support of the Biodefense Steering 
        Committee, or such successor committee, and the implementation 
        of the National Biodefense Strategy.
            ``(12) A description of assessed opportunities for the 
        intelligence community to further enhance the capabilities and 
        effectiveness of the Biodefense Steering Committee, or such 
        successor committee, with respect to the implementation of the 
        National Biodefense Strategy.
    ``(c) Form.--Any report required to be submitted under subsection 
(a) may be submitted in a classified form.
    ``(d) Definitions.--In this section:
            ``(1) Biodefense.--The term `biodefense' includes actions 
        to counter biological threats, reduce risks associated with 
        such threats, and prepare for, respond to, and recover from, 
        biological incidents.
            ``(2) Biodefense steering committee.--The term `Biodefense 
        Steering Committee' means the committee established pursuant to 
        the presidential memorandum issued on September 18, 2018, and 
        titled `Presidential Memorandum on the Support for National 
        Biodefense'.
            ``(3) Biological threat.--The term `biological threat' 
        includes biological warfare, bioterrorism, naturally occurring 
        infectious diseases, and accidental exposures.
            ``(4) Covered activity.--The term `covered activity'--
                    ``(A) means an activity relating to biodefense or 
                biological threats; and
                    ``(B) includes any intelligence, science and 
                technology, or research and development activity 
                relating to biodefense or a biological threat.
            ``(5) Covered duty.--The term `covered duty' means a duty 
        or responsibility relating to biodefense or biological threats.
            ``(6) National biodefense strategy.--The term `National 
        Biodefense Strategy' means the strategy specified in section 
        1086 of the National Defense Authorization Act for Fiscal Year 
        2017 (6 U.S.C. 104).
            ``(7) Non-intelligence community partner.--The term `non-
        intelligence community partner' means a department or agency of 
        the Federal government, a State or local government, an Indian 
        Tribe, or a territory of the United States, that is not an 
        element of the intelligence community.''.
    (b) First Report.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees (as such term is 
defined in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003)) the first report required under section 121 of such Act, as 
added by subsection (a).
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