[Congressional Record Volume 158, Number 79 (Wednesday, May 30, 2012)]
[House]
[Pages H3241-H3243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          WMD INTELLIGENCE AND INFORMATION SHARING ACT OF 2012

  Mr. KING of New York. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2764) to amend the Homeland Security Act of 2002 to 
establish weapons of mass destruction intelligence and information 
sharing functions of the Office of Intelligence and Analysis of the 
Department of Homeland Security and to require dissemination of 
information analyzed by the Department to entities with 
responsibilities relating to homeland security, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2764

       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 ``WMD Intelligence and 
     Information Sharing Act of 2012''.

     SEC. 2. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND 
                   INFORMATION SHARING.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 210G. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND 
                   INFORMATION SHARING.

       ``(a) In General.--The Office of Intelligence and Analysis 
     of the Department of Homeland Security shall--
       ``(1) support homeland security-focused intelligence 
     analysis of terrorist actors, their claims,

[[Page H3242]]

     and their plans to conduct attacks involving chemical, 
     biological, radiological, and nuclear materials against the 
     Nation;
       ``(2) support homeland security-focused intelligence 
     analysis of global biological threats, including global 
     infectious disease, public health, food, agricultural, and 
     veterinary issues, through activities such as engagement of 
     international partners;
       ``(3) support homeland security-focused risk analysis and 
     risk assessments of the homeland security hazards described 
     in paragraphs (1) and (2) by providing relevant quantitative 
     and nonquantitative threat information;
       ``(4) leverage existing and emerging homeland security 
     intelligence capabilities and structures to enhance 
     prevention, protection, response, and recovery efforts with 
     respect to a chemical, biological, radiological, or nuclear 
     attack;
       ``(5) share information and provide tailored analytical 
     support on these threats to State, local, and tribal 
     authorities as well as other national biosecurity and 
     biodefense stakeholders; and
       ``(6) perform other responsibilities, as assigned by the 
     Secretary.
       ``(b) Coordination.--Where appropriate, the Office of 
     Intelligence and Analysis shall coordinate with other 
     relevant Department components, others in the Intelligence 
     Community, including the National Counter Proliferation 
     Center, and other Federal, State, local, and tribal 
     authorities, including officials from high-threat areas, and 
     enable such entities to provide recommendations on optimal 
     information sharing mechanisms, including expeditious sharing 
     of classified information, and on how they can provide 
     information to the Department.
       ``(c) Report.--
       ``(1) In general.--Not later than one year after the date 
     of the enactment of this section and annually thereafter, the 
     Secretary shall report to the appropriate congressional 
     committees on--
       ``(A) the intelligence and information sharing activities 
     under subsection (a) and of all relevant entities within the 
     Department to counter the threat from weapons of mass 
     destruction; and
       ``(B) the Department's activities in accordance with 
     relevant intelligence strategies.
       ``(2) Assessment of implementation.--The report shall 
     include--
       ``(A) a description of methods established to assess 
     progress of the Office of Intelligence and Analysis in 
     implementing this section; and
       ``(B) such assessment.
       ``(d) Definitions.--In this section:
       ``(1) The term `appropriate congressional committees' means 
     the Committee on Homeland Security of the House of 
     Representatives and any committee of the House of 
     Representatives or the Senate having legislative jurisdiction 
     under the rules of the House of Representatives or Senate, 
     respectively, over the matter concerned.
       ``(2) The term `Intelligence Community' has the meaning 
     given that term in section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).
       ``(3) The term `national biosecurity and biodefense 
     stakeholders' means officials from the Federal, State, local, 
     and tribal authorities and individuals from the private 
     sector who are involved in efforts to prevent, protect 
     against, respond to, and recover from a biological attack or 
     other phenomena that may have serious health consequences for 
     the United States, including wide-scale fatalities or 
     infectious disease outbreaks.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to such subtitle the following:

``Sec. 210G. Weapons of mass destruction intelligence and information 
              sharing.''.

     SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE 
                   DEPARTMENT TO STATE, LOCAL, TRIBAL, AND PRIVATE 
                   ENTITIES WITH RESPONSIBILITIES RELATING TO 
                   HOMELAND SECURITY.

       Section 201(d)(8) of the Homeland Security Act of 2002 (6 
     U.S.C. 121(d)(8)) is amended by striking ``and to agencies of 
     State'' and all that follows and inserting ``to State, local, 
     tribal, and private entities with such responsibilities, and, 
     as appropriate, to the public, in order to assist in 
     preventing, deterring, or responding to acts of terrorism 
     against the United States.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and include any extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. KING of New York. I want to commend Mr. Meehan, who is the 
chairman of the Subcommittee on Counterterrorism and Intelligence, for 
his work on this matter.
  This basically ensures that the intelligence and analyses of 
chemical, biological, radiological, and nuclear threats are a priority 
to the Department of Homeland Security.
  Again, because of the time constraints, I urge support for the 
measure, and I reserve the balance of my time.
  Mr. Speaker, H.R. 2764 amends the Homeland Security Act of 2002 to 
ensure that intelligence and analyses of chemical, biological, 
radiological, and nuclear threats are a priority for the Department of 
Homeland Security.
  I would like to thank Representative Meehan, the Chairman of the 
Subcommittee on Counterterrorism and Intelligence, for his work on this 
matter.
  This measure requires the DHS Office of Intelligence and Analysis (1) 
to support homeland security-focused intelligence analysis of threats 
involving chemical, biological, radiological, and nuclear materials and 
global health hazards such as biothreats to food and agriculture; (2) 
to provide relevant threat information to partners; (3) to utilize 
existing homeland security intelligence capabilities to enhance 
prevention, protection, response, and recovery efforts with respect to 
a chemical, biological, radiological or nuclear attack; and (4) to 
support and share information of these threats with state, local, and 
tribal authorities.
  I urge support for this measure.


                                  Congressional Budget Office,

                                     Washington, DC, May 11, 2012.
     Hon. Peter T. King,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 2764, the WMD 
     Intelligence and Information Sharing Act of 2011.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contact is Mark 
     Grabowicz, who can be reached at 226 2860.
           Sincerely,
                                             Douglas W. Elmendorf,
                                                         Director.
       Enclosure.
                                  ____
                                  
     H.R. 2764--WMD Intelligence and Information Sharing Act of 
         2011
       CBO estimates that implementing H.R. 2764 would have no 
     significant cost to the federal government. Enacting the 
     legislation would not affect direct spending or revenues; 
     therefore, pay-as-you-go procedures do not apply.
       H.R. 2764 would direct the Department of Homeland Security 
     (DHS), through the Office of Intelligence and Analysis (OIA), 
     to undertake various activities to combat the threat of 
     weapons of mass destruction. Those efforts would include 
     assessments and analyses of threats and the sharing of such 
     reports with federal, state, local, and tribal authorities as 
     well as other stakeholders. The requirements of H.R. 2764 are 
     similar to the ongoing activities of OIA and other offices 
     within the department therefore, CBO estimates that 
     implementing the bill would not significantly affect spending 
     by DHS.
       Because CBO does not provide estimates for classified 
     programs, this estimate addresses only the budgetary effects 
     of unclassified activities. It is possible there could be 
     costs to classified programs, but CBO does not provide such 
     estimates.
       H.R. 2764 contains no intergovernmental or private-sector 
     mandates as defined in the Unfunded Mandates Reform Act and 
     would impose no costs on state, local, or tribal governments.
       The CBO staff contact for this estimate is Mark Grabowicz. 
     The estimate was approved by Theresa Gullo, Deputy Assistant 
     Director for Budget Analysis.

  Mr. THOMPSON of Mississippi. I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 2764, the WMD Intelligence and 
Information Sharing Act of 2011.
  Mr. Speaker, this bill would strengthen information sharing at all 
levels of government with regard to chemical, biological, radiological, 
and nuclear terrorist threats.
  In the decade since the attacks on September 11, 2001, concern about 
an attack on U.S. soil with weapons of mass destruction or dirty bombs 
have come in sharper focus, specifically concerns that terrorists and 
other rogue actors may want to access loose nuclear materials from the 
former Soviet Union or even weaponized biological agents that 
originated from stockpiles of now-toppled authoritarian regimes have 
grown.
  This bill also requires DHS to coordinate with other components in 
the intelligence community and other Federal, State, local, and tribal 
authorities to provide recommendations on information sharing.
  I would note for the record, Mr. Speaker, that the committee 
approved, on a bipartisan basis, the Pascrell WMD bill earlier this 
month.
  I look forward to seeing this measure, which was endorsed by a 
bipartisan commission, considered on the House floor in the very near 
future.
  I reserve the balance of my time.

[[Page H3243]]

  Mr. KING of New York. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Pennsylvania, Representative Meehan, who 
is chair of the Subcommittee on Counterterrorism and Intelligence.
  Mr. MEEHAN. Thank you, Mr. Chairman. I thank you for yielding and I 
thank you for your kind words, and I thank the ranking member for his 
kind words in support of this important amendment.
  I urge support for H.R. 2764, which provides, as has been explained, 
important guidance for the weapons of mass destruction and intelligence 
sharing functions of the Department of Homeland Security.
  Now, this work has been built on a framework of important work, the 
roots of which were set with former Senators Bob Graham and Jim Talent, 
who were charged by a previous Congress just 2 years ago with 
establishing the Weapons of Mass Destruction Weapons Commission. They 
found that unless decisive action was taken, it was their prediction 
that a WMD attack would occur somewhere in the world by 2013.
  I recently returned from the Middle East, and one of the striking 
takeaways from that trip was the amount of chemical weapons which are 
currently stockpiled in Syria. Similar concerns have been expressed 
about missing Libyan chemical weapons stockpiles. And obviously the 
great fear of all is that these weapons will get into the hands of al 
Qaeda terrorists or others during times of great instability.
  We can't also forget the world's top State sponsor of terrorism, 
Iran, which has explicitly stated that it would use nuclear weapons to 
``wipe Israel off the map.''
  Al Qaeda has reportedly made efforts to acquire what we call 
chemical, biological, radiological, and nuclear materials, or CBRN, to 
make weapons of mass destruction in the past. Osama bin Laden's death 
should not create an atmosphere of complacency. In fact, with multiple 
affiliate networks around the world targeting the U.S. homeland and 
interests, it is important that we remain as vigilant as ever. Al Qaeda 
is now led by Ayman al-Zawahiri, bin Laden's longtime second in 
command, and the possibility of a WMD terrorist attack cannot be 
overstated.
  The congressionally established WMD Commission has been relentless in 
its efforts to ensure that actions are being taken to meet what they 
describe as a very real threat. Congress must do its part to ensure 
that the Nation is meeting its WMD detection and prevention 
responsibilities in a meaningful and risk-based way.

                              {time}  1820

  CBRN materials can be quite difficult to detect and to prevent, and 
the danger they pose is unimaginable. This bill will ensure sustained 
DHS commitment and facilitate the partnership across the intelligence 
community, other government partners, and with the public.
  I urge support for this bipartisan bill.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I urge passage of H.R. 
2764. Enactment of this measure will strengthen the partnership between 
the Department of Homeland Security and our Nation's first preventers 
against one of the most vexing homeland security threats: weapons of 
mass destruction.
  Mr. Speaker, I yield back the balance of my time.
  Mr. KING of New York. Mr. Speaker, Representative Meehan has spent a 
great deal of time studying various threats to the homeland, including 
al Qaeda in the Arabian Peninsula, the Pakistani Taliban, Hezbollah, 
and Boko Haram. He fully understands the threat to the U.S. homeland 
and why this legislation is so vital.
  I urge Members to support H.R. 2764, and I yield back the balance of 
my time.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of 
H.R. 2764, ``WMD Intelligence and Information Sharing Act of 2011.'' 
This legislation amends the Homeland Security Act of 2002 would direct 
the Department of Homeland Security (DHS), through the Office of 
Intelligence and Analysis (OIA), to undertake various activities to 
combat the threat of weapons of mass destruction. Those efforts would 
include assessments and analyses of threats and the sharing of such 
reports with federal, state, local, and tribal authorities.
  While our intelligence community is strong and sophisticated, it is 
made even more powerful through the sharing of information between 
federal, state, and local officials as well as across bureaus.
  We are all working towards a common goal--to keep the US and its 
citizens safe. In order to ensure we are working with all of our 
available resources and information, we must continue to advance 
regulations that allow for the sharing of information between our 
officials. This also includes ensuring that local law enforcement 
officers across the nation are trained to identify any potential 
threats and contact the correct authorities.
  A partnership between DHS analysts and local law enforcement can 
enhance situational awareness with respect to the threat of terrorism 
to the millions of Americans who rely on mass transit systems, 
including the threat of an attack involving a weapon of mass 
destruction.
  Mass transit systems across the world have continually been a target 
for terrorist threats, namely the 2004 terrorist attack on a packed 
commuter train in Madrid, Spain that killed 191 people. There was also 
the suicide bombing attack in London that left 50 dead in 2005.
  While we have so far been fortunate to have not had any incidents of 
terrorism in our mass transit systems, we know of the threat planned by 
al-Qaeda to commemorate the both anniversary of 9/11 by attacking US 
mass transit systems. Thankfully, a Naval SEALS raid on Osama bin 
Laden's compound discovered and thwarted this plot.
  Past incidents that were looked over by federal authorizes have been 
resolved by local enforcement officers. It is imperative that they 
continue to assist the efforts of the DHS and that the DHS is open and 
accessible to these officers via the communication of appropriate 
information.


                         SHORT OVERVIEW OF BILL

  H.R. 2764, ``WMD Intelligence and Information Sharing Act of 
2011.''--amends the Homeland Security Act of 2002 and would require the 
Department of Homeland Security (DHS) to:
  (1) support homeland security-focused intelligence analysis of 
terrorist actors, their claims, and their plans to conduct attacks 
involving chemical, biological, radiological, and nuclear materials 
against the nation and of global infectious disease, public health, 
food, agricultural, and veterinary issues;
  (2) support homeland security-focused risk analysis and risk 
assessments of such homeland security hazards by providing relevant 
quantitative and non-quantitative threat information;
  (3) leverage homeland security intelligence capabilities and 
structures to enhance prevention, protection, response, and recovery 
efforts with respect to a chemical, biological, radiological, or 
nuclear attack; and
  (4) share information and provide tailored analytical support on 
these threats to state, local, and tribal authorities as well as other 
national biosecurity and biodefense stakeholders.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. King) that the House suspend the rules and 
pass the bill, H.R. 2764, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________