HB1605 (2026) Detail

Establishing a state office for intelligence and counterintelligence within the executive branch.


HB 1605-FN-A - AS INTRODUCED

 

 

2026 SESSION

26-2378

06/08

 

HOUSE BILL 1605-FN-A

 

AN ACT establishing a state office for intelligence and counterintelligence within the executive branch.

 

SPONSORS: Rep. Belcher, Carr. 4; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Terry, Belk. 7

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill establishes the state intelligence and counter-intelligence office within the department of safety.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-2378

06/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT establishing a state office for intelligence and counterintelligence within the executive branch.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1 Short Title. This act shall be known as the "State Counter-Intelligence Capacity Act."

2 Findings. The general court finds that New Hampshire faces increasing threats from foreign subversion, elite capture, and hostile military, paramilitary, and intelligence operations. This includes operations by adversaries such as China, Russia, cartel infiltrations, proxies, and terrorist organizations. This act establishes a modest capacity for resilience without overreach by enabling targeted investigations, intelligence collection, and counter-intelligence activities to be pursued for prosecution and action in coordination with appropriate state and federal authorities.

3 New Subdivision; State Intelligence and Counter-Intelligence Office. Amend RSA 21-P by inserting after section 71 the following new subdivision:

State Intelligence and Counter-Intelligence Office

21-P:72 Establishment; Placement.  There is established within the department of safety the state intelligence and counter-intelligence office, consisting of 3 to 5 analysts, 2 to 5 investigators, and necessary support staff. Analysts and investigators shall have military or equivalent training in intelligence and counter-intelligence skills. Support staff shall be limited to basic office maintenance roles. In this subdivision "the office" means the state intelligence and counter-intelligence office.

21-P:73 Duties and Focus.

I. The office shall identify, investigate, analyze, and counter threats from foreign intelligence operations conducted by hostile foreign nations, including but not limited to, China and Russia, or their proxies, as well as cartels, and terrorist organizations, particularly targeting elite-capture operations, targeting or staging for attacks on critical infrastructure, and societal disruption.  Those operations occurring with a physical presence in the state should be prioritized over online-only social-engineering type operations.

II. The office shall develop independent state-level intelligence capabilities, including verification processes, to supplement and assess the reliability of shared federal intelligence.

21-P:74 Powers.

I. The office shall have authority to subpoena records, coordinate with federal agencies as prudent and authorized by the governor, and recommend prosecutions to the attorney general, county attorney, or federal authorities as appropriate.

II. The office shall provide, at a minimum, quarterly briefings and annual public reports, redacted as necessary, to the New Hampshire house and senate.

III. The office shall coordinate with federal fusion centers but shall retain independent authority to conduct separate assessments to ensure objectivity and to identify threats not otherwise addressed.

IV. Information sharing with federal fusion centers shall be limited to verified, non-sensitive data that meets reasonable suspicion criteria under 28 C.F.R. part 23 and complies with RSA 21-U:6. The office shall not transmit personal identifying information or intelligence derived from state sources unless independently corroborated. Information received from fusion centers shall be adjudicated through an internal review process, including cross-verification against state sources and assessment for potential bias or subversion, as defined in department rules.

4 Appropriation. There is hereby appropriated to the department of safety the sum of $6,000,000 for the biennium ending June 30, 2027, for the purpose of establishing and operating the state intelligence and counter-intelligence office under this act, including salaries, benefits, training, equipment, such as secure air-gapped and online networks, nondescript surveillance vehicles, an unarmed aerial surveillance platform, and night vision or thermal imaging devices, or both, and operational costs. The appropriation shall be drawn first from any available general fund surplus or lapsed funds from prior appropriations, as determined by the commissioner of administrative services in consultation with the legislative budget assistant. If such funds are insufficient, the balance shall be drawn from the general fund. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. Any unexpended funds shall not lapse and shall be available for the purposes of this act in subsequent fiscal years.

5  Effective Date.  This act shall take effect July 1, 2026.

 

LBA

26-2378

12/8/25

 

HB -FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a state office for intelligence and counterintelligence within the executive branch.

 

FISCAL IMPACT:   

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

$1,721,000 to $32,000,000

$1,088,000+

$1,102,000+

Funding Source(s)

General Fund

Appropriations*

$0

$6,000,000

$0

$0

Funding Source(s)

General Fund

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

METHODOLOGY:

This bill establishes the State Intelligence and Counter-Intelligence Office (Office) within the Department of Safety and provides $6,000,000 in general funds for operating the Office, including salaries, benefits, training, equipment, and operational costs.

 

The Department has provided the following assumptions relative to this bill:

  • The creation of this Office would be duplicative to the efforts that have existed since 2010 with the passing of NH RSA 651-F, which created the New Hampshire Information and Analysis Center (NHIAC).  The New Hampshire Information and Analysis Center provides an integrated, all-crimes/all-hazards information sharing network to collect, analyze and disseminate information derived from multiple sources to stakeholders in a timely manner, to protect the citizens and the critical infrastructure of New Hampshire.
    • The NHIAC has long standing partnerships with the National Fusion Center Association, the Department of Homeland Security Office of Intelligence and Analysis which is embedded within the NHIAC, and the Federal Bureau of Investigation Joint Terrorism Task Force for which a Trooper is already assigned as a full time Task Force Officer.  The Division of State Police also has a Terrorism and Intelligence Unit assigned within the NHIAC.  These offices already share counterintelligence information with federal, state, local, tribal and territorial partners.
    • Additionally, the NHIAC has a dedicated Counterterrorism Consultant assigned to the center.  The consultant’s defined role is to provide intelligence regarding but not limited to foreign and domestic terrorist organizations, extremist organizations, cyber threats, infrastructure security, and counterintelligence and foreign threat intelligence.  It is important to identify that this consultant is a civilian employee who does not conduct criminal investigations pertaining to any of the information that is shared.
  • Further conversation would need to be held to determine what authority the proposed Office would have to investigate the crimes defined in the bill such as Terrorism or Espionage as those crimes fall under the jurisdiction of a federal law enforcement authority.

 

The Department states several areas of the potential fiscal impact of this bill are clear, while others remain uncertain and require additional analysis. The Department can reasonably estimate certain position and equipment costs; however, the operational and technical requirements associated with unmanned aerial systems (UAS) and specialized counterintelligence functions introduce significant unknowns:

 

Description

FY 2027

FY 2028

FY 2029

Personnel Costs (Including Equipment)
Four (4) Analyst Positions (SOC 13-06, Step 6)
Four (4) Investigator Positions (SOC 33P-06, Step 6)
One (1) Support Staff (SOC 43-04, Step 6)

$1,721,000

$1,088,000

$1,102,000

Night Vision Goggles

Approximately $8,500 per unit, with an additional $1,000 per unit per fiscal year for recalibration and maintenance

Commercial UAS Units

Approximately $10,000 per unit for small-scale, commercially available drones

Facilities and Operations

The Department states that estimates could developed for office space, vehicles, and training programs (not yet provided)

Specialized UAS Operations
The bill’s described functionality suggests use of advanced or military-grade UAS platforms, which require licensed and contracted operators. The cost of such systems varies widely:
- Military-Grade UAS: $85,000–$100,000 per unit based on current market searches.
- Advanced Platforms (e.g., MQ-9 Reaper): Estimated at approximately $30,000,000 per unit.
- Operational Costs: Range from $10 to over $10,000 per flight hour, depending on mission complexity and platform capability.

Mission-Specific Requirements
Without defined operational parameters, it is not possible to accurately forecast the level of staffing, training, or support infrastructure needed. Given these uncertainties, a capabilities and resource assessment should be conducted to determine the operational scope, staffing model, and equipment needs required to establish a standalone State Intelligence and Counterintelligence Office as outlined in the bill. This analysis would ensure that future fiscal estimates are data-driven and aligned with the intended mission and scale of operations.

 

AGENCIES CONTACTED:

Department of Safety

 

Links


Action Dates

Date Body Type
Jan. 15, 2026 House Hearing

Bill Text Revisions

HB1605 Revision: 50001 Date: Dec. 10, 2025, 10:30 a.m.

Docket


Jan. 8, 2026: Public Hearing: 01/15/2026 02:00 pm GP 231


Dec. 10, 2025: Introduced 01/07/2026 and referred to Executive Departments and Administration