[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.
____________________