[House Report 114-164]
[From the U.S. Government Publishing Office]


114th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    114-164

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



 
         CBRN INTELLIGENCE AND INFORMATION SHARING ACT OF 2015

                                _______
                                

 June 17, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2200]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2200) 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 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.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    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 ``CBRN Intelligence and Information 
Sharing Act of 2015''.

SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 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. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 
                    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 infectious disease, public health, food, 
        agricultural, and veterinary issues;
          ``(3) support homeland security-focused risk analysis and 
        risk assessments of the homeland security hazards described in 
        paragraphs (1) and (2), including the transportation of 
        chemical, biological, nuclear, and radiological materials, 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 other Federal agencies, as 
        appropriate; 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, including the National Biosurveillance Integration Center, 
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, State and 
major urban area fusion centers, and local public health departments, 
as appropriate, 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) 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 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. Chemical, biological, radiological, and nuclear 
intelligence and information sharing.''.

  (c) Report.--
          (1) In general.--Not later than one year after the date of 
        the enactment of this Act and annually thereafter, the 
        Secretary of Homeland Security 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 of Homeland Security to 
                counter the threat from attacks using chemical, 
                biological, radiological, and nuclear materials; 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 the amendment made by subsection (a); and
                  (B) such assessment.
          (3) Termination.--This subsection shall have no force or 
        effect after the end of the 5-year period beginning on the date 
        of the enactment of this Act.

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. 2200 is to increase the analysis and 
information sharing of CBRN threat information.

                  Background and Need for Legislation

    Terrorist groups have long strived to employ chemical, 
biological, radiological, and nuclear (CBRN) materials in their 
attacks. Furthermore, events such as the Boston Marathon 
bombing in 2013 illustrated the need for better information 
sharing between federal and local officials. This legislation 
requires that the Office of Intelligence and Analysis enhance 
intelligence analysis and information sharing on CBRN threats 
and work to ensure that State and local officials get the 
actionable intelligence information necessary to stop an 
attack.

                                Hearings

    The Committee did not hold any hearings specifically on 
H.R. 2200, but the Subcommittee on Emergency Preparedness, 
Response, and Communications held a number of hearings relevant 
to the bill.
    On March 19, 2015, the Subcommittee held a hearing, 
``Agents of Opportunity: Responding to the Threat of Chemical 
Terrorism.'' The Subcommittee received testimony from Dr. Mark 
Kirk, Director, Chemical Defense Program, Office of Health 
Affairs, U.S. Department of Homeland Security; Dr. Christina 
Catlett, Associate Director, Office of Critical Event 
Preparedness and Response, Department of Emergency Medicine, 
The Johns Hopkins Hospital; Chief G. Keith Bryant, Fire Chief, 
Oklahoma City Fire Department, testfying on behalf of the 
International Association of Fire Chiefs; and Mr. Armando B. 
Fontoura, Sheriff, Essex County, New Jersey.
    During a hearing on biological threats on April 22, 2015, 
``Strategic Perspectives on the Bioterrorism Threat,'' the 
Subcommittee on Emergency Preparedness, Response, and 
Communications received testimony from Hon. Jim Talent, Former 
Senator from the State of Missouri and Co-Chair, The Commission 
on the Prevention of Weapons of Mass Destruction Proliferation 
and Terrorism; Dr. Charles B. Cairns, Interim Dean, University 
of Arizona College of Medicine, Heather Sciences Center; and 
Marisa Raphael, MPH, Deputy Commissioner, Office of Emergency 
Planning and Response, Department of Health and Mental Hygiene, 
New York City, New York.
    At both of these hearings, the Subcommittee Members heard 
from numerous stakeholders that information sharing with 
appropriate state and local officials and emergency response 
providers about these threats is critical.

                        Committee Consideration

    The Committee met on May 20, 2014, to consider H.R. 2200, 
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 in the Nature of a Substitute offered by Ms. 
McSally (#1); was AGREED TO, as amended, by voice vote.

 An Amendment by Mr. Higgins to the Amendment in the Nature of 
a Substitute (#1A); was AGREED TO by voice vote.

     Page 2, line 8, insert ``, including the transportation of 
chemical, biological, nuclear, and radiological materials,'' after 
``(2)''.
     Page 2, line 19, insert ``and other Federal agencies, as 
appropriate'' after ``stakeholders''.

    The Subcommittee on Emergency Preparedness, Response, and 
Communications met on May 14, 2015, to consider H.R. 2200, and 
ordered the measure to be reported to the Full Committee with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The following amendments were offered:

 An Amendment in the Nature of a Substitute offered by Ms. 
McSally (#1); was AGREED TO, amended, by voice vote.

 An Amendment by Mr. Payne to the Amendment in the Nature of a 
Substitute (#1A); was AGREED TO by voice vote.

     Page 3, line 3, after ``high-threat areas,'' insert ``State and 
major urban area fusion centers, and local public health departments, 
as appropriate,''.

                            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. 2200.

                      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. 
2200, the CBRN Intelligence and Information Sharing Act of 
2015, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 29, 2015.
Hon. Michael McCaul,
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. 2200, the CBRN 
Intelligence and Information Sharing Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 2200--CBRN Intelligence and Information Sharing Act of 2015

    H.R. 2200 would direct the Department of Homeland Security 
(DHS) to gather and analyze intelligence on terrorist threats 
involving chemical, biological, radiological, and nuclear 
(CBRN) materials; share that information with federal, state, 
and local authorities; and prepare an annual report to the 
Congress on those activities. The department is currently 
carrying out activities similar to those required by the bill, 
so CBO estimates that implementing H.R. 2200 would not 
significantly affect spending by DHS. Because enacting the 
legislation would not affect direct spending or revenues, pay-
as-you-go procedures do not apply.
    H.R. 2200 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Theresa Gullo, Assistant Director 
for Budget Analysis.

         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. 2200 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    H.R. 2200 supports four goals: (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.
    H.R. 2200 also directs the Secretary of DHS to report 
annually on intelligence and information sharing activities to 
counter the threat from weapons of mass destruction, and DHS's 
activities in accordance with relevant intelligence strategies.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 2200 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   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

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        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. 2200 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2200 would require no 
directed rule makings.

                      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 section provides that bill may be cited as the ``CBRN 
Intelligence and Information Sharing Act of 2015''.

Section 2. Chemical, Biological, Radiological, and Nuclear (CBRN) 
        intelligence and information sharing

    This section amends the Homeland Security Act of 2002 (Pub. 
Law 107-296) to require the Office of Intelligence and Analysis 
(I&A) of the Department of Homeland Security (DHS) to support 
homeland security-focused intelligence analysis of terrorists, 
their claims, and their plans to conduct attacks involving CBRN 
materials against the nation, and of global infectious disease, 
public health, food, agricultural, and veterinary issues.
    Additionally, this section directs I&A to support homeland 
security-focused risk analysis and risk assessments of those 
hazards by providing relevant threat information; leveraging 
homeland security intelligence capabilities and structures to 
enhance prevention, protection, response, and recovery efforts 
with respect to a CBRN attack; and sharing information and 
provide tailored analytical support on these threats to State, 
local, and tribal authorities; other national biosecurity and 
biodefense stakeholders; and other federal agencies as 
appropriate.
    The Committee expects I&A to include the Department of 
Energy in carrying out its responsibilities to share 
information on CBRN threats with federal agencies as 
appropriate, especially if such information or intelligence 
indicates terrorist threats to transportation of CBRN 
materials, such as highly enriched liquid uranium.
            Coordination
    This section requires I&A to coordinate with other DHS 
components, including the National Biosurveillance Integration 
Center, the Intelligence Community, and federal, State, local, 
and tribal authorities, where appropriate, and enable such 
entities to provide recommendations on optimal information 
sharing mechanisms and on how they can provide information to 
DHS.
    As information and intelligence is only useful if it is 
shared with those who can take action, such as State, local, 
tribal, and private entities, the Committee directs the Office 
of Intelligence and Analysis to involve these partners as 
appropriate, and get their feedback on mechanisms for two-way 
sharing of information.
            Report
    Section 2 directs the Secretary of DHS to report annually 
on: (1) intelligence and information sharing activities to 
counter the threat from weapons of mass destruction, and (2) 
DHS's activities in accordance with relevant intelligence 
strategies. This reporting requirement will terminate five 
years after enactment.
            Definitions
    This section defines terms in the bill including 
``appropriate congressional committees'', ``Intelligence 
Community'', and ``national biosecurity and biodefense 
stakeholders''.

Section 3. Dissemination of information analyzed by the department to 
        state, local, tribal, and private entities with 
        responsibilities related to Homeland Security

    This section amends section 201(d)(8) of the Homeland 
Security Act of 2002 (6 U.S.C. 121(d)(8)) to require the 
Secretary to ensure that homeland security information analyzed 
by DHS concerning terrorist threats is provided to State, 
local, and private entities and the public.

         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, and 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) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

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

     * * * * * * *
Sec. 210G. Chemical, biological, radiological, and nuclear 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) Intelligence and Analysis and Infrastructure 
Protection.--There shall be in the Department an Office of 
Intelligence and Analysis and an Office of Infrastructure 
Protection.
  (b) Under Secretary for Intelligence and Analysis and 
Assistant Secretary for Infrastructure Protection.--
          (1) Office of intelligence and analysis.--The Office 
        of Intelligence and Analysis shall be headed by an 
        Under Secretary for Intelligence and Analysis, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate.
          (2) Chief intelligence officer.--The Under Secretary 
        for Intelligence and Analysis shall serve as the Chief 
        Intelligence Officer of the Department.
          (3) Office of infrastructure protection.--The Office 
        of Infrastructure Protection shall be headed by an 
        Assistant Secretary for Infrastructure Protection, who 
        shall be appointed by the President.
  (c) Discharge of Responsibilities.--The Secretary shall 
ensure that the responsibilities of the Department relating to 
information analysis and infrastructure protection, including 
those described in subsection (d), are carried out through the 
Under Secretary for Intelligence and Analysis or the Assistant 
Secretary for Infrastructure Protection, as appropriate.
  (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) To access, receive, and analyze law enforcement 
        information, intelligence information, and other 
        information from agencies of the Federal Government, 
        State and local government agencies (including law 
        enforcement agencies), and private sector entities, and 
        to integrate such information, in support of the 
        mission responsibilities of the Department and the 
        functions of the National Counterterrorism Center 
        established under section 119 of the National Security 
        Act of 1947 (50 U.S.C. 404o), in order to--
                  (A) identify and assess the nature and scope 
                of terrorist threats to the homeland;
                  (B) detect and identify threats of terrorism 
                against the United States; and
                  (C) understand such threats in light of 
                actual and potential vulnerabilities of the 
                homeland.
          (2) To carry out comprehensive assessments of the 
        vulnerabilities of the key resources and critical 
        infrastructure of the United States, including the 
        performance of risk assessments to determine the risks 
        posed by particular types of terrorist attacks within 
        the United States (including an assessment of the 
        probability of success of such attacks and the 
        feasibility and potential efficacy of various 
        countermeasures to such attacks).
          (3) To integrate relevant information, analysis, and 
        vulnerability assessments (regardless of whether such 
        information, analysis or assessments are provided by or 
        produced by the Department) in order to--
                  (A) identify priorities for protective and 
                support measures regarding terrorist and other 
                threats to homeland security by the Department, 
                other agencies of the Federal Government, 
                State, and local government agencies and 
                authorities, the private sector, and other 
                entities; and
                  (B) prepare finished intelligence and 
                information products in both classified and 
                unclassified formats, as appropriate, whenever 
                reasonably expected to be of benefit to a 
                State, local, or tribal government (including a 
                State, local, or tribal law enforcement agency) 
                or a private sector entity.
          (4) To ensure, pursuant to section 202, the timely 
        and efficient access by the Department to all 
        information necessary to discharge the responsibilities 
        under this section, including obtaining such 
        information from other agencies of the Federal 
        Government.
          (5) To develop a comprehensive national plan for 
        securing the key resources and critical infrastructure 
        of the United States, including power production, 
        generation, and distribution systems, information 
        technology and telecommunications systems (including 
        satellites), electronic financial and property record 
        storage and transmission systems, emergency 
        preparedness communications systems, and the physical 
        and technological assets that support such systems.
          (6) To recommend measures necessary to protect the 
        key resources and critical infrastructure of the United 
        States in coordination with other agencies of the 
        Federal Government and in cooperation with State and 
        local government agencies and authorities, the private 
        sector, and other entities.
          (7) To review, analyze, and make recommendations for 
        improvements to the policies and procedures governing 
        the sharing of information within the scope of the 
        information sharing environment established under 
        section 1016 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 485), including 
        homeland security information, terrorism information, 
        and weapons of mass destruction information, and any 
        policies, guidelines, procedures, instructions, or 
        standards established under that section.
          (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.
          (9) To consult with the Director of National 
        Intelligence and other appropriate intelligence, law 
        enforcement, or other elements of the Federal 
        Government to establish collection priorities and 
        strategies for information, including law enforcement-
        related information, relating to threats of terrorism 
        against the United States through such means as the 
        representation of the Department in discussions 
        regarding requirements and priorities in the collection 
        of such information.
          (10) To consult with State and local governments and 
        private sector entities to ensure appropriate exchanges 
        of information, including law enforcement-related 
        information, relating to threats of terrorism against 
        the United States.
          (11) To ensure that--
                  (A) any material received pursuant to this 
                Act is protected from unauthorized disclosure 
                and handled and used only for the performance 
                of official duties; and
                  (B) any intelligence information under this 
                Act is shared, retained, and disseminated 
                consistent with the authority of the Director 
                of National Intelligence to protect 
                intelligence sources and methods under the 
                National Security Act of 1947 (50 U.S.C. 401 et 
                seq.) and related procedures and, as 
                appropriate, similar authorities of the 
                Attorney General concerning sensitive law 
                enforcement information.
          (12) To request additional information from other 
        agencies of the Federal Government, State and local 
        government agencies, and the private sector relating to 
        threats of terrorism in the United States, or relating 
        to other areas of responsibility assigned by the 
        Secretary, including the entry into cooperative 
        agreements through the Secretary to obtain such 
        information.
          (13) To establish and utilize, in conjunction with 
        the chief information officer of the Department, a 
        secure communications and information technology 
        infrastructure, including data-mining and other 
        advanced analytical tools, in order to access, receive, 
        and analyze data and information in furtherance of the 
        responsibilities under this section, and to disseminate 
        information acquired and analyzed by the Department, as 
        appropriate.
          (14) To ensure, in conjunction with the chief 
        information officer of the Department, that any 
        information databases and analytical tools developed or 
        utilized by the Department--
                  (A) are compatible with one another and with 
                relevant information databases of other 
                agencies of the Federal Government; and
                  (B) treat information in such databases in a 
                manner that complies with applicable Federal 
                law on privacy.
          (15) To coordinate training and other support to the 
        elements and personnel of the Department, other 
        agencies of the Federal Government, and State and local 
        governments that provide information to the Department, 
        or are consumers of information provided by the 
        Department, in order to facilitate the identification 
        and sharing of information revealed in their ordinary 
        duties and the optimal utilization of information 
        received from the Department.
          (16) To coordinate with elements of the intelligence 
        community and with Federal, State, and local law 
        enforcement agencies, and the private sector, as 
        appropriate.
          (17) To provide intelligence and information analysis 
        and support to other elements of the Department.
          (18) To coordinate and enhance integration among the 
        intelligence components of the Department, including 
        through strategic oversight of the intelligence 
        activities of such components.
          (19) To establish the intelligence collection, 
        processing, analysis, and dissemination priorities, 
        policies, processes, standards, guidelines, and 
        procedures for the intelligence components of the 
        Department, consistent with any directions from the 
        President and, as applicable, the Director of National 
        Intelligence.
          (20) To establish a structure and process to support 
        the missions and goals of the intelligence components 
        of the Department.
          (21) To ensure that, whenever possible, the 
        Department--
                  (A) produces and disseminates unclassified 
                reports and analytic products based on open-
                source information; and
                  (B) produces and disseminates such reports 
                and analytic products contemporaneously with 
                reports or analytic products concerning the 
                same or similar information that the Department 
                produced and disseminated in a classified 
                format.
          (22) To establish within the Office of Intelligence 
        and Analysis an internal continuity of operations plan.
          (23) Based on intelligence priorities set by the 
        President, and guidance from the Secretary and, as 
        appropriate, the Director of National Intelligence--
                  (A) to provide to the heads of each 
                intelligence component of the Department 
                guidance for developing the budget pertaining 
                to the activities of such component; and
                  (B) to present to the Secretary a 
                recommendation for a consolidated budget for 
                the intelligence components of the Department, 
                together with any comments from the heads of 
                such components.
          (24) To perform such other duties relating to such 
        responsibilities as the Secretary may provide.
          (25) To prepare and submit to the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security in the 
        House of Representatives, and to other appropriate 
        congressional committees having jurisdiction over the 
        critical infrastructure or key resources, for each 
        sector identified in the National Infrastructure 
        Protection Plan, a report on the comprehensive 
        assessments carried out by the Secretary of the 
        critical infrastructure and key resources of the United 
        States, evaluating threat, vulnerability, and 
        consequence, as required under this subsection. Each 
        such report--
                  (A) shall contain, if applicable, actions or 
                countermeasures recommended or taken by the 
                Secretary or the head of another Federal agency 
                to address issues identified in the 
                assessments;
                  (B) shall be required for fiscal year 2007 
                and each subsequent fiscal year and shall be 
                submitted not later than 35 days after the last 
                day of the fiscal year covered by the report; 
                and
                  (C) may be classified.
  (e) Staff.--
          (1) In general.--The Secretary shall provide the 
        Office of Intelligence and Analysis and the Office of 
        Infrastructure Protection with a staff of analysts 
        having appropriate expertise and experience to assist 
        such offices in discharging responsibilities under this 
        section.
          (2) Private sector analysts.--Analysts under this 
        subsection may include analysts from the private 
        sector.
          (3) Security clearances.--Analysts under this 
        subsection shall possess security clearances 
        appropriate for their work under this section.
  (f) Detail of Personnel.--
          (1) In general.--In order to assist the Office of 
        Intelligence and Analysis and the Office of 
        Infrastructure Protection in discharging 
        responsibilities under this section, personnel of the 
        agencies referred to in paragraph (2) may be detailed 
        to the Department for the performance of analytic 
        functions and related duties.
          (2) Covered agencies.--The agencies referred to in 
        this paragraph are as follows:
                  (A) The Department of State.
                  (B) The Central Intelligence Agency.
                  (C) The Federal Bureau of Investigation.
                  (D) The National Security Agency.
                  (E) The National Geospatial-Intelligence 
                Agency.
                  (F) The Defense Intelligence Agency.
                  (G) Any other agency of the Federal 
                Government that the President considers 
                appropriate.
          (3) Cooperative agreements.--The Secretary and the 
        head of the agency concerned may enter into cooperative 
        agreements for the purpose of detailing personnel under 
        this subsection.
          (4) Basis.--The detail of personnel under this 
        subsection may be on a reimbursable or non-reimbursable 
        basis.
  (g) Functions Transferred.--In accordance with title XV, 
there shall be transferred to the Secretary, for assignment to 
the Office of Intelligence and Analysis and the Office of 
Infrastructure Protection under this section, the functions, 
personnel, assets, and liabilities of the following:
          (1) The National Infrastructure Protection Center of 
        the Federal Bureau of Investigation (other than the 
        Computer Investigations and Operations Section), 
        including the functions of the Attorney General 
        relating thereto.
          (2) The National Communications System of the 
        Department of Defense, including the functions of the 
        Secretary of Defense relating thereto.
          (3) The Critical Infrastructure Assurance Office of 
        the Department of Commerce, including the functions of 
        the Secretary of Commerce relating thereto.
          (4) The National Infrastructure Simulation and 
        Analysis Center of the Department of Energy and the 
        energy security and assurance program and activities of 
        the Department, including the functions of the 
        Secretary of Energy relating thereto.
          (5) The Federal Computer Incident Response Center of 
        the General Services Administration, including the 
        functions of the Administrator of General Services 
        relating thereto.

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SEC. 210G. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 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 infectious disease, public health, 
        food, agricultural, and veterinary issues;
          (3) support homeland security-focused risk analysis 
        and risk assessments of the homeland security hazards 
        described in paragraphs (1) and (2), including the 
        transportation of chemical, biological, nuclear, and 
        radiological materials, 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 other Federal agencies, as 
        appropriate; 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, including the National Biosurveillance 
Integration Center, 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, State and major urban area 
fusion centers, and local public health departments, as 
appropriate, 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) 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 infectious disease outbreaks.

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