I 

109TH CONGRESS 

2D SESSION H. R. 5001 

To amend the Homeland Security Act of 2002 to enhance homeland security 

information sharing, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2006 

Mr. SIMMONS (for himself and Ms. ZOE LOFGREN of California) introduced 

the following bill; which was referred to the Committee on Homeland Security 

A BILL 

To amend the Homeland Security Act of 2002 to enhance 

homeland security information sharing, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Information Sharing Enhancement Act of 2006’’. 

6 SEC. 2. FINDINGS ON DISSEMINATION OF HOMELAND SE7 CURITY-RELATED INFORMATION. 

8 Congress finds the following: 

9 (1) Section 201(d)(1) of the Homeland Security 

10 Act of 2002 gives the Department of Homeland SeVerDate Aug 31 2005 21:56 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5001.IH H5001

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1 curity authority to access, receive, and analyze law 

2 enforcement information, intelligence information, 

3 and other information from Federal, State, and local 

4 government agencies—including law enforcement 

5 agencies—and to integrate such information in order 

6 to detect, identify, and assess terrorist threats to the 

7 homeland. 

8 (2) Section 201(d)(4) of the Homeland Security 

9 Act of 2002 likewise gives the Department the power 

10 to ensure ‘‘timely and efficient access’’ to these cat11 egories of information in order to effectively dis12 charge its information sharing responsibilities. 

13 (3) Section 102A(f)(1)(B)(iii) of the National 

14 Security Act of 1947 (50 U.S.C. 403– 

15 1(f)(1)(B)(iii)), as amended by section 1011 of the 

16 Intelligence Reform and Terrorism Prevention Act 

17 of 2004, prohibits the Director of National Intel18 ligence from disseminating information directly to 

19 State and local government officials. 

20 (4) Under section 119(f)(1)(E) of the National 

21 Security Act of 1947 (50 U.S.C. 404o(f)(1)(E)), as 

22 amended, the Director of the National 

23 Counterterrorism Center supports the responsibil24 ities of the Department of Homeland Security to dis25 seminate terrorism information. 


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1 (5) Section 201(d)(9) of the Homeland Security 

2 Act of 2002 gives the Department of Homeland Se3 curity the responsibility to disseminate information 

4 analyzed by the Department to other Federal, State, 

5 and local agencies with responsibilities relating to 

6 homeland security ‘‘in order to assist in the deter7 rence, prevention, preemption of, or response to, ter8 rorist attacks. . .’’. 

9 (6) Section 201(d)(11) of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 121(d)(11)) explicitly 

11 gives the Department the responsibility to ensure 

12 ‘‘appropriate exchanges of information, including law 

13 enforcement-related information, relating to threats 

14 of terrorism against the United States’’. 

15 (7) Section 201(d)(14) of the Homeland Secu16 rity Act of 2002 gives the Department the responsi17 bility ‘‘to establish and utilize . . . a secure commu18 nications and information technology infrastructure 

19 . . . in order to access, receive, and analyze data’’ 

20 and to disseminate that data to State, local, and 

21 tribal law enforcement agencies as appropriate. 

22 SEC. 3. HOMELAND SECURITY ADVISORY SYSTEM. 

23 (a) IN GENERAL.—Subtitle A of title II of the Home24 land Security Act of 2002 is amended by adding at the 

25 end the following: 


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1 ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 

2 ‘‘(a) REQUIREMENT.—The Under Secretary for In3 formation and Analysis shall implement a Homeland Secu4 rity Advisory System in accordance with this section to 

5 provide public advisories and alerts regarding threats to 

6 homeland security, including national, regional, local, and 

7 economic sector advisories and alerts, as appropriate. 

8 ‘‘(b) REQUIRED ELEMENTS.—The Under Secretary, 

9 under the System— 

10 ‘‘(1) shall include, in each advisory and alert re11 garding a threat, information on appropriate protec12 tive measures and countermeasures that may be 

13 taken in response to the threat; 

14 ‘‘(2) shall, whenever possible, limit the scope of 

15 each advisory and alert to a specific region, locality, 

16 or economic sector believed to be at risk; and 

17 ‘‘(3) shall not, in issuing any advisory or alert, 

18 use color designations as the exclusive means of 

19 specifying the homeland security threat conditions 

20 that are the subject of the advisory or alert.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in section 1(b) of such Act is amended by adding at the 

23 end of the items relating to subtitle A of title II the fol24 lowing: 

‘‘Sec. 203. Homeland Security Advisory System.’’. 


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1 SEC. 4. HOMELAND SECURITY INFORMATION SHARING. 

2 (a) IN GENERAL.—Subtitle A of title II of the Home3 land Security Act of 2002 (6 U.S.C. 121 et seq.), as 

4 amended by section 3, is further amended by adding at 

5 the end the following: 

6 ‘‘SEC. 204. HOMELAND SECURITY INFORMATION SHARING. 

7 ‘‘(a) INFORMATION SHARING ENVIRONMENT.—Con8 sistent with section 1016 of the National Intelligence Re9 form and Terrorism Prevention Act of 2004 (6 U.S.C. 

10 485), the Secretary shall integrate and standardize the in11 formation of the intelligence components of the Depart12 ment into a Department information sharing environment, 

13 to be administered by the Under Secretary for Intelligence 

14 and Analysis. 

15 ‘‘(b) INFORMATION SHARING AND KNOWLEDGE

16 MANAGEMENT OFFICERS.—For each intelligence compo17 nent of the Department, the Secretary shall designate an 

18 information sharing and knowledge management officer 

19 who shall report to the Under Secretary for Intelligence 

20 and Analysis with respect to coordinating the different 

21 systems used in the Department to gather and disseminate 

22 homeland security information. 

23 ‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES

24 OF INFORMATION.— 

25 ‘‘(1) ESTABLISHMENT OF BUSINESS PROC26 ESSES.—The Under Secretary for Intelligence and 


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1 Analysis shall establish Department-wide procedures 

2 for the review and analysis of information gathered 

3 from State, local, tribal, and private-sector sources 

4 and, as appropriate, integrate such information into 

5 the information gathered by the Department and 

6 other department and agencies of the Federal Gov7 ernment. 

8 ‘‘(2) FEEDBACK.—The Secretary shall develop 

9 mechanisms to provide analytical and operational 

10 feedback to any State, local, tribal, and private-sec11 tor entities that gather information and provide such 

12 information to the Secretary. 

13 ‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.— 

14 ‘‘(1) TRAINING.—The Under Secretary shall 

15 provide to employees of the Department opportuni16 ties for training and education to develop an under17 standing of the definition of homeland security infor18 mation, how information available to them as part of 

19 their duties might qualify as homeland security in20 formation, and how information available to them is 

21 relevant to the Office of Intelligence and Analysis. 

22 ‘‘(2) EVALUATIONS.—The Under Secretary 

23 shall, on an ongoing basis, evaluate how employees 

24 of the Office of Intelligence and Analysis and the in25 telligence components of the Department are utiVerDate Aug 31 2005 21:56 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5001.IH H5001

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1 lizing homeland security information and partici2 pating in the Department information sharing envi3 ronment.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of such Act is further amended by adding 

6 at the end of the items relating to such subtitle the fol7 lowing: 

‘‘Sec. 204. Homeland security information sharing.’’. 

8 (c) ESTABLISHMENT OF COMPREHENSIVE INFORMA9 TION TECHNOLOGY NETWORK ARCHITECTURE.— 

10 (1) IN GENERAL.—Subtitle A of title II of the 

11 Homeland Security Act of 2002 (6 U.S.C. 121 et 

12 seq.) is amended by adding at the end the following 

13 new section: 

14 ‘‘SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY 

15 NETWORK ARCHITECTURE. 

16 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

17 through the Chief Intelligence Officer, shall establish a 

18 comprehensive information technology network architec19 ture for the Office of Intelligence and Analysis. 

20 ‘‘(b) NETWORK MODEL.—The comprehensive infor21 mation technology network architecture established under 

22 subsection (a) shall, to the extent possible, incorporate the 

23 approaches, features, and functions of the network pro24 posed by the Markle Foundation in reports issued in Octo25 ber 2002 and December 2003, known as the System-wide 


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1 Homeland Security Analysis and Resource Exchange 

2 (SHARE) Network. 

3 ‘‘(c) COMPREHENSIVE INFORMATION TECHNOLOGY

4 NETWORK ARCHITECTURE DEFINED.—the term ‘com5 prehensive information technology network architecture’ 

6 means an integrated framework for evolving or maintain7 ing existing information technology and acquiring new in8 formation technology to achieve the strategic goals and in9 formation resources management goals of the Office of In10 formation and Analysis.’’. 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents in section 1(b) of such Act is amended by add13 ing at the end of the items relating to such subtitle 

14 the following: 

‘‘Sec. 205. Comprehensive information technology network architecture.’’. 

15 (3) REPORTS.— 

16 (A) REPORT ON IMPLEMENTATION OF

17 PLAN.—Not later than 360 days after the date 

18 of the enactment of this Act, the Secretary of 

19 Homeland Security shall submit to the Com20 mittee on Homeland Security and Govern21 mental Affairs of the Senate and the Committee 

22 on Homeland Security of the House of Rep23 resentatives a report containing a plan to imple24 ment the comprehensive information technology 

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1 ligence and Analysis of the Department of 

2 Homeland Security required under section 209 

3 of the Homeland Security Act of 2002, as 

4 added by paragraph (1). Such report shall in5 clude the following: 

6 (i) Priorities for the development of 

7 the comprehensive information technology 

8 network architecture and a rationale for 

9 such priorities. 

10 (ii) An explanation of how the various 

11 components of the comprehensive informa12 tion technology network architecture will 

13 work together and interconnect. 

14 (iii) A description of the technology 

15 challenges that the Office of Intelligence 

16 and Analysis will face in implementing the 

17 comprehensive information technology net18 work architecture. 

19 (iv) A description of technology op20 tions that are available or are in develop21 ment that may be incorporated into the 

22 comprehensive technology network archi23 tecture, the feasibility of incorporating 

24 such options, and the advantages and dis25 advantages of doing so. 


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1 (v) An explanation of any security 

2 protections to be developed as part of the 

3 comprehensive information technology net4 work architecture. 

5 (vi) A description of any safeguards 

6 for civil liberties and privacy to be built 

7 into the comprehensive information tech8 nology network architecture. 

9 (vii) An operational best practices 

10 plan. 

11 (B) PROGRESS REPORT.—Not later than 

12 180 days after the date on which the report is 

13 submitted under subparagraph (A), the Sec14 retary of Homeland Security shall submit to the 

15 Committee on Homeland Security and Govern16 mental Affairs of the Senate and the Committee 

17 on Homeland Security of the House of Rep18 resentatives a report on the progress of the Sec19 retary in developing the comprehensive informa20 tion technology network architecture required 

21 under section 209 of the Homeland Security 

22 Act of 2002, as added by paragraph (1). 

23 (d) INTELLIGENCE COMPONENT DEFINED.—Section 

24 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) 


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1 is amended by adding at the end the following new para2 graph: 

3 ‘‘(17) The term ‘intelligence component of the 

4 Department’ means any directorate, agency, or ele5 ment of the Department that gathers, receives, ana6 lyzes, produces, or disseminates homeland security 

7 information except— 

8 ‘‘(A) a directorate, agency, or element of 

9 the Department that is required to be main10 tained as a distinct entity under this Act; or 

11 ‘‘(B) any personnel security, physical secu12 rity, document security, or communications se13 curity program within any directorate, agency, 

14 or element of the Department.’’. 

15 SEC. 5. AUTHORITY FOR DISSEMINATING HOMELAND SECU16 RITY-RELATED INFORMATION. 

17 (a) IN GENERAL.—Title I of the Homeland Security 

18 Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SE21 CURITY-RELATED INFORMATION. 

22 ‘‘(a) PRIMARY AUTHORITY.—Except as provided in 

23 subsection (b), the Secretary or the Secretary’s designee 

24 shall be the executive branch official responsible for dis25 seminating homeland security-related terrorist threat inVerDate Aug 31 2005 21:56 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5001.IH H5001

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1 formation to State and local government and tribal offi2 cials and the private sector. 

3 ‘‘(b) PRIOR APPROVAL REQUIRED.—No Federal offi4 cial may issue any homeland security-related analysis, ad5 visory, or alert without the Secretary’s prior approval, ex6 cept— 

7 ‘‘(1) in exigent circumstances under which it is 

8 essential that the information be communicated im9 mediately; or 

10 ‘‘(2) when such analysis advisory or alert is 

11 issued to Federal, State, local, or tribal law enforce12 ment officials for the purpose of assisting them in 

13 any aspect of the administration of criminal jus14 tice.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is amended by adding at the 

17 end of the items relating to such title the following: 

‘‘Sec. 104. Authority for disseminating homeland security-related information.’’. 

Æ 


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