[House Report 112-466]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-466

======================================================================



 
          WMD INTELLIGENCE AND INFORMATION SHARING ACT OF 2012

                                _______
                                

  May 8, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2764]

    The Committee on Homeland Security, to whom was referred 
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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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, 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.''.

                          Purpose and Summary

    The purpose of H.R. 2764 is 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.

                  Background and Need for Legislation

    The Congressionally-mandated Commission on the Prevention 
of WMD Proliferation and Terrorism found insufficiencies in the 
Intelligence Community's ability to meet the needs of the 
highly technical nature of weapons of mass destruction (WMD) 
collection and analysis. The bioweapons threat in particular, 
the Commissioners argued in their report ``World at Risk,'' 
must remain among the highest national intelligence priorities. 
The Department of Homeland Security, as a member of the 
Intelligence Community, contributes to this goal. H.R. 2764, 
therefore, codifies and provides Congressional direction toward 
WMD intelligence activities at the Department of Homeland 
Security to ensure that vital WMD intelligence analysis and 
information sharing conducted within the Office and 
Intelligence and Analysis and elsewhere in the Department are 
retained, enhanced, coordinated with other agencies, and shared 
with appropriate stakeholders.

                                Hearings

    No hearings were held on H.R. 2764 in the 112th Congress; 
however, the Committee conducted oversight and related 
legislative hearings on the issues involved.
    On May 3, 2011, the Subcommittee on Counterterrorism and 
Intelligence held a hearing entitled, ``The Threat to the U.S. 
Homeland Emanating from Pakistan.'' The Subcommittee received 
testimony from Dr. Frederick Kagan, Resident Scholar and 
Director, American Enterprise Institute Critical Threats 
Project; Dr. Seth Jones, Senior Political Scientist, The RAND 
Corporation; Mr. Stephen Tankel, Visiting Fellow, South Asia 
Program, The Carnegie Endowment for International Peace; and 
Mr. Shuja Nawaz, Director, South Asia Center, The Atlantic 
Council.
    On June 1, 2011, the Subcommittee on Counterterrorism and 
Intelligence held a hearing entitled, ``The DHS Intelligence 
Enterprise--Past, Present, and Future.'' The Subcommittee 
received testimony from Hon. Caryn Wagner, Under Secretary for 
the Office of Intelligence and Analysis, Department of Homeland 
Security; Rear Admiral Thomas Atkin, Assistant Commandant for 
Intelligence and Criminal Investigation, U.S. Coast Guard; Mr. 
Daniel Johnson, Assistant Administrator for Intelligence, U.S. 
Transportation Security Administration; Mr. James Chaparro, 
Assistant Director for Intelligence, U.S. Immigration and 
Customs Enforcement; and Ms. Susan Mitchell, Deputy Assistant 
Commissioner, Office of Intelligence and Operations 
Coordination, U.S. Customs and Border Protection.
    On June 23, 2011, the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies, and the 
Subcommittee on Emergency Preparedness, Response, and 
Communications held a joint hearing on legislative 
recommendations of the WMD Commission entitled, ``The WMD 
Prevention and Preparedness Act of 2011.'' The Subcommittees 
received testimony from Hon. William J. Pascrell, Jr., a 
Representative in Congress from the 8th District of New Jersey; 
Senator Jim Talent, Vice Chairman, The Bipartisan WMD Center; 
Dr. Robert P. Kadlec, Former Special Assistant to the President 
for Biodefense; and Mr. Richard H. Berdnik, Sheriff, Passaic 
County, New Jersey. Provisions of H.R. 2764 were included 
within the proposed WMD Prevention and Preparedness Act of 
2011.
    On October 5, 2011, the Subcommittee on Counterterrorism 
and Intelligence held a hearing entitled, ``Intelligence 
Sharing and Terrorist Travel: How DHS Addresses the Mission of 
Providing Security, Facilitating Commerce and Protecting 
Privacy for Passengers Engaged in International Travel.'' The 
Subcommittee received testimony from Hon. David Heyman, 
Assistant Secretary for Policy, Department of Homeland 
Security; Ms. Mary Ellen Callahan, Chief Privacy Officer, 
Department of Homeland Security; and Mr.1AThomas Bush, 
Executive Director of Automation and Targeting, Office of 
Intelligence and Investigative Liaison, Customs and Border 
Protection, Department of Homeland Security.

                        Committee Consideration

    The Subcommittee on Counterterrorism and Intelligence met 
on November 15, 2011, to consider H.R. 2764, and ordered the 
measure reported to the Full Committee with a favorable 
recommendation, without amendment, by voice vote.
    The Committee met on March 28, 2012, to consider H.R. 2764, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
      The following amendments were offered:
      An amendment offered by Mr. Clarke of Michigan (#1); was 
AGREED TO, by voice vote.

o  Page 2, strike lines 18 through 20 and insert the following:
          ``(2) support homeland security-focused intelligence analysis 
        of global biological threats, including infections disease, 
        public health, food, agricultural, and veterinary issues, 
        through activities such as engagement of international 
        partners.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 2764.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2764, the WMD Intelligence and Information Sharing Act of 2011, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 2764 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 2764 required the Department to issue a report not 
less than 2 years after enactment to assess the implementation 
of this Act.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 2764 does 
not preempt any State, local, or Tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.  Short title

    This Act may be cited as the ``WMD Intelligence and 
Information Sharing Act of 2012''.

Section 2.  Weapons of mass destruction intelligence and information 
        sharing

    This section amends the Homeland Security Act of 2002 to 
require the Department of Homeland Security Office of 
Intelligence and Analysis (I&A) to support homeland-security 
focused analysis of terrorist actors pertaining to chemical, 
biological, radiological, and nuclear (CBRN) materials, global 
biological threats, public health and food, agricultural, and 
veterinary issues. The Department is required to leverage 
existing and emerging homeland security capabilities, such as 
fusion centers, and share information with State, local, and 
Tribal partners and other stakeholders. Where appropriate, I&A 
shall coordinate with other relevant Department components, 
others in the Intelligence Community, 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. The 
Secretary shall report annually to the appropriate 
congressional committees on activities to counter the threat 
from weapons of mass destruction (WMD) conducted by all 
relevant entities within the Department.
    The Committee is aware that I&A is engaged in CBRN 
intelligence and information sharing activities. This provision 
ensures that the Department has adequate and enduring expertise 
in its intelligence division to analyze and disseminate CBRN 
information, which may be highly technical. The Committee 
believes that this unit should work to the greatest extent 
possible with other Department of Homeland Security components 
(operational and intelligence), headquarters elements, and 
State, local, and Tribal authorities in order to enhance the 
Department's counter-WMD activities. State, local, and Tribal 
participation, in particular, should include officials from 
high threat areas. The effective and appropriate sharing of 
information with state and local partners is paramount and 
remains a Committee priority. The Committee does not intend for 
the activities outlined by this section to duplicate those 
already conducted by the National Counterterrorism Center, the 
Federal Bureau of Investigation, or other members of the 
Intelligence Community. The Committee believes that strict 
adherence to relevant National intelligence strategies will 
ensure clarity of mission for each Federal entity engaged in 
WMD intelligence activities.

Section 3.  Dissemination of information analyzed by the Department to 
        State, local, Tribal, and private entities with 
        responsibilities relating to Homeland Security

    This section expands the list of entities in section 
201(d)(8) of the Homeland Security Act of 2002 which the 
Department disseminates information to include State, local, 
Tribal and private sector entities with homeland security 
responsibilities, and as appropriate, to the public, in order 
to assist in preventing, deterring, or responding to acts of 
terrorism against the United States. Specifically, this 
provisions adds Tribal entities and the public to the existing 
provision, recognizing that they are important stakeholders and 
partners in preventing, deterring, and responding to acts of 
terrorism against the United States, including chemical, 
biological, radiological, and nuclear terrorism.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * 
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
                          Access to Information

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

           *       *       *       *       *       *       *


      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
                         Access to Information

SEC. 201. INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Responsibilities of Secretary Relating to Intelligence 
and Analysis and Infrastructure Protection.--The 
responsibilities of the Secretary relating to intelligence and 
analysis and infrastructure protection shall be as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (8) To disseminate, as appropriate, information 
        analyzed by the Department within the Department, to 
        other agencies of the Federal Government with 
        responsibilities relating to homeland security, [and to 
        agencies of State and local governments and private 
        sector entities with such responsibilities in order to 
        assist in the deterrence, prevention, preemption of, or 
        response to, terrorist attacks against the United 
        States.] 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.

           *       *       *       *       *       *       *


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, 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.

           *       *       *       *       *       *       *


                                  
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