II 

Calendar No. 665 

115TH CONGRESS 

2D SESSION S. 2397 

[Report No. 115–380] 

To direct the Secretary of Homeland Security to establish a data framework 

to provide access for appropriate personnel to law enforcement and other 

information of the Department, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2018 

Ms. HASSAN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

NOVEMBER 26, 2018 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To direct the Secretary of Homeland Security to establish 

a data framework to provide access for appropriate personnel to law enforcement and other information of the 

Department, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of Home3 land Security Data Framework Act of 2018’’. 

4 SEC. 2. DEPARTMENT OF HOMELAND SECURITY DATA 

5 FRAMEWORK. 

6 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity shall develop a data framework to integrate existing 

8 Department of Homeland Security datasets and systems, 

9 as appropriate, for access by authorized personnel in a 

10 manner consistent with relevant legal authorities and pri11 vacy, civil rights, and civil liberties policies and protec12 tions. In developing such framework, the Secretary shall 

13 ensure, in accordance with all applicable statutory and 

14 regulatory requirements, the following information is in15 cluded: 

16 (1) All information acquired, held, or obtained 

17 by an office or component of the Department that 

18 falls within the scope of the information sharing en19 vironment, including homeland security information, 

20 terrorism information, weapons of mass destruction 

21 information, and national intelligence. 

22 (2) Any information or intelligence relevant to 

23 priority mission needs and capability requirements of 

24 the homeland security enterprise, as determined ap25 propriate by the Secretary. 

26 (b) DATA FRAMEWORK ACCESS.— 


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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall ensure that the data framework re3 quired under this section is accessible to employees 

4 of the Department of Homeland Security who the 

5 Secretary determines— 

6 (A) have an appropriate security clearance; 

7 (B) are assigned to perform a function 

8 that requires access to information in such 

9 framework; and 

10 (C) are trained in applicable standards for 

11 safeguarding and using such information. 

12 (2) GUIDANCE.—The Secretary of Homeland 

13 Security shall— 

14 (A) issue guidance for Department of 

15 Homeland Security employees authorized to ac16 cess and contribute to the data framework pur17 suant to paragraph (1); and 

18 (B) ensure that such guidance enforces a 

19 duty to share between offices and components 

20 of the Department when accessing or contrib21 uting to such framework for mission needs. 

22 (3) EFFICIENCY.—The Secretary of Homeland 

23 Security shall promulgate data standards and in24 struct components of the Department of Homeland 

25 Security to make available information through the 


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1 data framework under this section in a machine2 readable format, to the greatest extent practicable. 

3 (c) EXCLUSION OF INFORMATION.—The Secretary of 

4 Homeland Security may exclude from the data framework 

5 information that the Secretary determines access to or the 

6 confirmation of the existence of could— 

7 (1) jeopardize the protection of sources, meth8 ods, or activities; 

9 (2) compromise a criminal or national security 

10 investigation; 

11 (3) be inconsistent with the other Federal laws 

12 or regulations; or 

13 (4) be duplicative or not serve an operational 

14 purpose if included in such framework. 

15 (d) SAFEGUARDS.—The Secretary of Homeland Se16 curity shall incorporate into the data framework systems 

17 capabilities for auditing and ensuring the security of infor18 mation included in such framework. Such capabilities shall 

19 include the following: 

20 (1) Mechanisms for identifying insider threats. 

21 (2) Mechanisms for identifying security risks. 

22 (3) Safeguards for privacy, civil rights, and civil 

23 liberties. 

24 (e) DEADLINE FOR IMPLEMENTATION.—Not later 

25 than 2 years after the date of the enactment of this Act, 


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1 the Secretary of Homeland Security shall ensure the data 

2 framework required under this section has the ability to 

3 include the information described in subsection (a). 

4 (f) NOTICE TO CONGRESS.— 

5 (1) STATUS UPDATES.—The Secretary of 

6 Homeland Security shall submit to the appropriate 

7 congressional committees regular updates on the sta8 tus of the data framework required under this sec9 tion until the date on which such data framework is 

10 fully operational. 

11 (2) OPERATIONAL NOTIFICATION.—Not later 

12 than 60 days after the date on which the data 

13 framework required under this section is fully oper14 ational, the Secretary of Homeland Security shall 

15 provide notice to the appropriate congressional com16 mittees of such. 

17 (g) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE CONGRESSIONAL COM19 MITTEE.—The term ‘‘appropriate congressional com20 mittee’’ has the meaning given the term in section 

21 2 of the Homeland Security Act of 2002 (6 U.S.C. 

22 101). 

23 (2) NATIONAL INTELLIGENCE.—The term ‘‘na24 tional intelligence’’ has the meaning given the term 


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1 in section 3(5) of the National Security Act of 1947 

2 (50 U.S.C. 3003(5)). 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Data Framework Act of 2018’’. 

6 SEC. 2. DEPARTMENT OF HOMELAND SECURITY DATA 

7 FRAMEWORK. 

8 (a) IN GENERAL.— 

9 (1) DEVELOPMENT.—The Secretary of Homeland 

10 Security shall develop a data framework to integrate 

11 existing Department of Homeland Security datasets 

12 and systems, as appropriate, for access by authorized 

13 personnel in a manner consistent with relevant legal 

14 authorities and privacy, civil rights, and civil lib15 erties policies and protections. 

16 (2) REQUIREMENTS.—In developing the frame17 work required under paragraph (1), the Secretary of 

18 Homeland Security shall ensure, in accordance with 

19 all applicable statutory and regulatory requirements, 

20 the following information is included: 

21 (A) All information acquired, held, or ob22 tained by an office or component of the Depart23 ment of Homeland Security that falls within the 

24 scope of the information sharing environment, 

25 including homeland security information, terVerDate Sep 11 2014 22:40 Nov 26, 2018 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S2397.RS S2397

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1 rorism information, weapons of mass destruction 

2 information, and national intelligence. 

3 (B) Any information or intelligence rel4 evant to priority mission needs and capability 

5 requirements of the homeland security enterprise, 

6 as determined appropriate by the Secretary. 

7 (b) DATA FRAMEWORK ACCESS.— 

8 (1) IN GENERAL.—The Secretary of Homeland 

9 Security shall ensure that the data framework re10 quired under this section is accessible to employees of 

11 the Department of Homeland Security who the Sec12 retary determines— 

13 (A) have an appropriate security clearance; 

14 (B) are assigned to perform a function that 

15 requires access to information in such frame16 work; and 

17 (C) are trained in applicable standards for 

18 safeguarding and using such information. 

19 (2) GUIDANCE.—The Secretary of Homeland Se20 curity shall— 

21 (A) issue guidance for Department of 

22 Homeland Security employees authorized to ac23 cess and contribute to the data framework pursu24 ant to paragraph (1); and 


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1 (B) ensure that such guidance enforces a 

2 duty to share between offices and components of 

3 the Department when accessing or contributing 

4 to such framework for mission needs. 

5 (3) EFFICIENCY.—The Secretary of Homeland 

6 Security shall promulgate data standards and in7 struct components of the Department of Homeland 

8 Security to make available information through the 

9 data framework required under this section in a ma10 chine-readable standard format, to the greatest extent 

11 practicable. 

12 (c) EXCLUSION OF INFORMATION.—The Secretary of 

13 Homeland Security may exclude information from the data 

14 framework required under this section if the Secretary de15 termines inclusion of such information may— 

16 (1) jeopardize the protection of sources, methods, 

17 or activities; 

18 (2) compromise a criminal or national security 

19 investigation; 

20 (3) be inconsistent with other Federal laws or 

21 regulations; or 

22 (4) be duplicative or not serve an operational 

23 purpose if included in such framework. 

24 (d) SAFEGUARDS.—The Secretary of Homeland Secu25 rity shall incorporate into the data framework required 


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1 under this section systems capabilities for auditing and en2 suring the security of information included in such frame3 work. Such capabilities shall include the following: 

4 (1) Mechanisms for identifying insider threats. 

5 (2) Mechanisms for identifying security risks. 

6 (3) Safeguards for privacy, civil rights, and civil 

7 liberties. 

8 (e) DEADLINE FOR IMPLEMENTATION.—Not later than 

9 2 years after the date of enactment of this Act, the Secretary 

10 of Homeland Security shall ensure the data framework re11 quired under this section has the ability to include appro12 priate information in existence within the Department of 

13 Homeland Security to meet the critical mission operations 

14 of the Department of Homeland Security. 

15 (f) NOTICE TO CONGRESS.— 

16 (1) STATUS UPDATES.—The Secretary of Home17 land Security shall submit to the appropriate con18 gressional committees regular updates on the status of 

19 the data framework until the framework is fully oper20 ational. 

21 (2) OPERATIONAL NOTIFICATION.—Not later 

22 than 60 days after the date on which the data frame23 work required under this section is fully operational, 

24 the Secretary of Homeland Security shall provide noVerDate Sep 11 2014 22:40 Nov 26, 2018 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S2397.RS S2397

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1 tice to the appropriate congressional committees that 

2 the data framework is fully operational. 

3 (3) VALUE ADDED.—The Secretary of Homeland 

4 Security shall annually brief Congress on component 

5 use of the data framework required under this section 

6 to support operations that disrupt terrorist activities 

7 and incidents in the homeland. 

8 (g) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMITTEE; 

10 HOMELAND.—The terms ‘‘appropriate congressional 

11 committee’’ and ‘‘homeland’’ have the meaning given 

12 those terms in section 2 of the Homeland Security Act 

13 of 2002 (6 U.S.C. 101). 

14 (2) HOMELAND SECURITY INFORMATION.—The 

15 term ‘‘homeland security information’’ has the mean16 ing given such term in section 892 of the Homeland 

17 Security Act of 2002 (6 U.S.C. 482). 

18 (3) NATIONAL INTELLIGENCE.—The term ‘‘na19 tional intelligence’’ has the meaning given such term 

20 in section 3(5) of the National Security Act of 1947 

21 (50 U.S.C. 3003(5)). 

22 (4) TERRORISM INFORMATION.—The term ‘‘ter23 rorism information’’ has the meaning given such term 

24 in section 1016 of the Intelligence Reform and Ter25 rorism Prevention Act of 2004 (6 U.S.C. 485). 


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Calendar No. 665 

115TH CONGRESS 

2D SESSION S. 2397 

[Report No. 115–380] 

A BILL 

To direct the Secretary of Homeland Security to esother purposes. other information of the Department, and for appropriate personnel to law enforcement and tablish a data framework to provide access for 

NOVEMBER 26, 2018 

Reported with an amendment 


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