[Congressional Record Volume 158, Number 79 (Wednesday, May 30, 2012)] [House] [Pages H3241-H3243] 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. ____________________