I 

109TH CONGRESS 

2D SESSION H. R. 5002 

To amend the Homeland Security Act of 2002 to provide for information 

sharing partnerships, 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 provide 

for information sharing partnerships, 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 Partnerships Act of 2006’’. 

6 SEC. 2. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMA7 TION FUSION CENTER INITIATIVE. 

8 (a) IN GENERAL.—Subtitle A of title II of the Home9 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend10 ed by adding at the end the following: 


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1 ‘‘SEC. 203. STATE, LOCAL, TRIBAL, AND REGIONAL INFOR2 MATION FUSION CENTER INITIATIVE. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish a State, Local, and Tribal Information Fusion Center 

5 Initiative to establish partnerships with State, local, tribal, 

6 and regional information fusion centers. 

7 ‘‘(b) DUTIES.—Through the State, Local, Tribal, and 

8 Regional Information Fusion Center Initiative, the Sec9 retary shall— 

10 ‘‘(1) coordinate with the principal official of 

11 each State, local, tribal, or regional information fu12 sion center and the official designated as the Home13 land Security Advisor of the State; 

14 ‘‘(2) provide Department operational and intel15 ligence advice and assistance to State, local, tribal, 

16 and regional information fusion centers; 

17 ‘‘(3) support efforts to include State, local, trib18 al, and regional information fusion centers into ef19 forts to establish an information sharing environ20 ment (as defined under section 1016(2) of the Intel21 ligence Reform and Terrorism Prevention Act of 

22 2004 (Public Law 108–458; 118 Stat. 3665)); 

23 ‘‘(4) conduct table-top and live training exer24 cises to regularly assess the capability of individual 

25 and regional networks of State, local, tribal, and re26 gional information fusion centers to integrate the efVerDate Aug 31 2005 20:22 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5002.IH H5002

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1 forts of such networks with the efforts of the De2 partment; 

3 ‘‘(5) coordinate with other relevant Federal en4 tities engaged in homeland security-related activities; 

5 ‘‘(6) provide analytic and reporting advice and 

6 assistance to State, local, tribal, and regional infor7 mation fusion centers; 

8 ‘‘(7) review homeland security information 

9 gathered by State, local, tribal, and regional infor10 mation fusion centers and incorporate relevant infor11 mation with homeland security information of the 

12 Department; 

13 ‘‘(8) Provide management assistance to State, 

14 local, tribal, and regional information fusion centers; 

15 ‘‘(9) Serve as a point of contact to ensure the 

16 dissemination of relevant homeland security informa17 tion. 

18 ‘‘(10) facilitate close communication and coordi19 nation between State, local, tribal, and regional in20 formation fusion centers and the Department; 

21 ‘‘(11) provide State, local, tribal, and regional 

22 information fusion centers with expertise on Depart23 ment resources and operations; 

24 ‘‘(12) provide training to State, local, tribal, 

25 and regional information fusion centers and encourVerDate Aug 31 2005 20:22 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5002.IH H5002

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1 age such information fusion centers to participate in 

2 terrorist threat-related exercises conducted by the 

3 Department; and 

4 ‘‘(13) carry out such other duties as the Sec5 retary determines are appropriate. 

6 ‘‘(c) DEFINITION OF STATE, LOCAL, TRIBAL, OR RE7 GIONAL INFORMATION FUSION CENTER.—For purposes 

8 of this section, the term ‘State, local, tribal, or regional 

9 information fusion center’ means a local or regional center 

10 comprised of State, local, or tribal governmental entities 

11 that— 

12 ‘‘(1) serves as a data analysis and dissemina13 tion center for potentially relevant homeland security 

14 information; 

15 ‘‘(2) is managed by a state, local, or tribal gov16 ernment entity; and 

17 ‘‘(3) is designated as a State, local, tribal, or 

18 regional information fusion center by the Sec19 retary.’’. 

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

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

22 at the end of the items relating to such subtitle the fol23 lowing: 

‘‘Sec. 203. State, Local, Tribal, and Regional Information Fusion Center Initiative’’. 

24 (c) REPORTS.— 


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1 (1) CONCEPT OF OPERATIONS.—Not later than 

2 90 days after the date of the enactment of this Act 

3 and before the State, Local, Tribal, and Regional In4 formation Fusion Center Initiative under section 

5 203 of the Homeland Security Act of 2002, as 

6 added by subsection (a), has been implemented, the 

7 Secretary shall submit to the Committee on Home8 land Security and Governmental Affairs of the Sen9 ate and the Committee on Homeland Security of the 

10 House of Representatives a report that contains a 

11 concept of operations for the Initiative, which shall 

12 include a privacy and civil liberties impact assess13 ment. 

14 (2) PRIVACY AND CIVIL LIBERTIES.— 

15 (A) REVIEW OF CONCEPT OF OPER16 ATIONS.—Not later than 180 days after the 

17 date on which the report under paragraph (1) 

18 is submitted, the Privacy Officer of the Depart19 ment of Homeland Security and the Officer for 

20 Civil Rights and Civil Liberties of the Depart21 ment of Homeland Security shall review the pri22 vacy and civil liberties implications of the Ini23 tiative and the concept of operations and report 

24 any concerns to the Secretary of Homeland Se25 curity and the Under Secretary of Homeland 


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1 Security for Intelligence and Analysis. The Sec2 retary may not implement the Initiative until 

3 the Privacy Officer and the Officer for Civil 

4 Rights and Civil Liberties have certified that 

5 any privacy or civil liberties concerns have been 

6 addressed. 

7 (B) REVIEW OF PRIVACY IMPACT.—Under 

8 the authority of section 222(5) of the Home9 land Security Act of 2002 (6 U.S.C. 142(5)), 

10 not later than one year after the date on which 

11 the State, Local, Tribal, and Regional Informa12 tion Fusion Center Initiative is implemented, 

13 the Privacy Officer of the Department of 

14 Homeland Security, in consultation with the Of15 ficer for Civil Rights and Civil Liberties of the 

16 Department of Homeland Security, shall submit 

17 to Congress, the Secretary of Homeland Secu18 rity, and the Under Secretary of Homeland Se19 curity for Intelligence and Analysis a report on 

20 the privacy and civil liberties impact of the Ini21 tiative. 

22 SEC. 3. HOMELAND SECURITY INFORMATION SHARING 

23 FELLOWS PROGRAM. 

24 (a) ESTABLISHMENT OF PROGRAM.—Subtitle A of 

25 title II of the Homeland Security Act of 2002 (6 U.S.C. 


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1 121 et seq.), as amended by section 2 is further amended 

2 by adding at the end the following: 

3 ‘‘SEC. 204. HOMELAND SECURITY INFORMATION SHARING 

4 FELLOWS PROGRAM. 

5 ‘‘(a) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—The Secretary, acting 

7 through the Under Secretary for Intelligence and 

8 Analysis, shall establish a fellowship program in ac9 cordance with this section for the purpose of— 

10 ‘‘(A) detailing State, local, and tribal ana11 lysts and law enforcement officials and officers 

12 to the Department to participate in the work of 

13 the Office of Intelligence and Analysis in order 

14 to become familiar with— 

15 ‘‘(i) the mission and capabilities of the 

16 Office of Intelligence and Analysis; and 

17 ‘‘(ii) the role, programs, products, and 

18 personnel of the Office of Intelligence and 

19 Analysis; and 

20 ‘‘(B) promoting information sharing be21 tween the Department and State, local, and 

22 tribal analysts and law enforcement agencies by 

23 stationing analysts and law enforcement officers 

24 alongside Department intelligence analysts in 

25 order to— 


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1 ‘‘(i) serve as a point of contact in the 

2 Department to assist in the representation 

3 of State, local, and tribal homeland secu4 rity information needs; 

5 ‘‘(ii) identify homeland security infor6 mation of interest to State, local, and trib7 al analysts and law enforcement officers; 

8 and 

9 ‘‘(iii) assist Department analysts in 

10 preparing and disseminating terrorism-re11 lated products that are tailored to State, 

12 local, and tribal analysts and law enforce13 ment agencies and designed to help thwart 

14 terrorist attacks. 

15 ‘‘(2) PROGRAM NAME.—The program under 

16 this section shall be known as the ‘Homeland Secu17 rity Information Sharing Fellows Program’. 

18 ‘‘(b) ELIGIBILITY.— 

19 ‘‘(1) IN GENERAL.—In order to be eligible for 

20 selection as an Information Sharing Fellow under 

21 the program, an individual must— 

22 ‘‘(A) have homeland security-related re23 sponsibilities or law enforcement-related respon24 sibilities; 


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1 ‘‘(B) be eligible for an appropriate national 

2 security clearance; 

3 ‘‘(C) possess a valid need for access to 

4 classified information, as determined by the 

5 Under Secretary for Intelligence and Analysis; 

6 and 

7 ‘‘(D) be an employee of an eligible entity. 

8 ‘‘(2) ELIGIBLE ENTITIES.—For purposes of this 

9 subsection, the term ‘eligible entity’ means— 

10 ‘‘(A) a State, local, tribal, or regional fu11 sion center; 

12 ‘‘(B) a State or local law enforcement or 

13 other government entity that serves a major 

14 metropolitan area, as determined by the Sec15 retary; 

16 ‘‘(C) a State or local law enforcement or 

17 other government entity that serves a suburban 

18 or rural area, as determined by the Secretary; 

19 ‘‘(D) a State or local law enforcement or 

20 other government entity with port responsibil21 ities, as determined by the Secretary; 

22 ‘‘(E) a State or local law enforcement or 

23 other government entity with border responsibil24 ities, as determined by the Secretary; 


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1 ‘‘(F) a State or local law enforcement or 

2 other government entity with agricultural re3 sponsibilities, as determined by the Secretary; 

4 ‘‘(G) a tribal law enforcement or other au5 thority; or 

6 ‘‘(H) such other entity as the Secretary de7 termines is appropriate. 

8 ‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or 

9 tribal law enforcement or other government entity shall 

10 be required to participate in the Homeland Security Infor11 mation Sharing Fellows Program. 

12 ‘‘(d) PROCEDURES FOR NOMINATION AND SELEC13 TION.— 

14 ‘‘(1) IN GENERAL.—The Under Secretary shall 

15 establish procedures to provide for the nomination 

16 and selection of individuals to participate in the 

17 Homeland Security Information Sharing Fellows 

18 Program. 

19 ‘‘(2) LIMITATIONS.—The Under Secretary 

20 shall— 

21 ‘‘(A) select analysts and law enforcement 

22 officers representing a broad cross-section of 

23 State, local, and tribal agencies; and 

24 ‘‘(B) ensure that the number of Informa25 tion Sharing Fellows selected does not impede 


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1 the activities of the Office of Intelligence and 

2 Analysis. 

3 ‘‘(e) LENGTH OF SERVICE.—Information Sharing 

4 Fellows shall serve for a reasonable period of time, as de5 termined by the Under Secretary. Such period of time 

6 shall be sufficient to advance the information-sharing 

7 goals of the Under Secretary and encourage participation 

8 by as many qualified nominees as possible. 

9 ‘‘(f) CONDITION.—As a condition of selecting an indi10 vidual as an Information Sharing Fellow under the pro11 gram, the Under Secretary shall require that the individ12 ual’s employer agree to continue to pay the individual’s 

13 salary and benefits during the period for which the indi14 vidual is detailed. 

15 ‘‘(g) STIPEND.—During the period for which an indi16 vidual is detailed under the program, the Under Secretary 

17 shall, subject to the availability of appropriations provide 

18 to the individual a stipend to cover the individual’s reason19 able living expenses for that period. 

20 ‘‘(h) SECURITY CLEARANCES.—If an individual se21 lected for a fellowship under the Information Sharing Fel22 lows Program does not possess the appropriate security 

23 clearance, the Under Secretary shall ensure that security 

24 clearance processing is expedited for such individual and 

25 shall ensure that each such Information Sharing Fellow 


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1 has obtained the appropriate security clearance prior to 

2 participation in the Program.’’. 

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

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

5 at the end of the items relating to such subtitle the fol6 lowing: 

‘‘Sec. 204. Homeland Security Information Sharing Fellows Program’’. 

7 (c) REPORTS.— 

8 (1) CONCEPT OF OPERATIONS.—Not later than 

9 90 days after the date of the enactment of this Act 

10 and before the Homeland Security Information 

11 Sharing Fellows Program under section 204 of the 

12 Homeland Security Act of 2002, as added by sub13 section (a), has been implemented, the Secretary 

14 shall submit to the Committee on Homeland Secu15 rity and Governmental Affairs of the Senate and the 

16 Committee on Homeland Security of the House of 

17 Representatives a report that contains a concept of 

18 operations for the Program, which shall include a 

19 privacy and civil liberties impact assessment. 

20 (2) PRIVACY AND CIVIL LIBERTIES.— 

21 (A) REVIEW OF CONCEPT OF OPER22 ATIONS.—Not later than 180 days after the 

23 date on which the report under paragraph (1) 

24 is submitted, the Privacy Officer of the Depart25 ment of Homeland Security and the Officer for 


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1 Civil Rights and Civil Liberties of the Depart2 ment of Homeland Security shall review the pri3 vacy and civil liberties implications of the Pro4 gram and the concept of operations and report 

5 any concerns to the Secretary of Homeland Se6 curity and the Under Secretary of Homeland 

7 Security for Intelligence and Analysis. The Sec8 retary may not implement the Program until 

9 the Privacy Officer and the Officer for Civil 

10 Rights and Civil Liberties have certified that 

11 any privacy or civil liberties concerns have been 

12 addressed. 

13 (B) REVIEW OF PRIVACY IMPACT.—Under 

14 the authority of section 222(5) of the Home15 land Security Act of 2002 (6 U.S.C. 142(5)), 

16 not later than one year after the date on which 

17 the Homeland Security Information Sharing 

18 Fellows Program is implemented, the Privacy 

19 Officer of the Department of Homeland Secu20 rity, in consultation with the Officer for Civil 

21 Rights and Civil Liberties of the Department of 

22 Homeland Security, shall submit to Congress, 

23 the Secretary of Homeland Security, and the 

24 Under Secretary of Homeland Security for InVerDate Aug 31 2005 20:22 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5002.IH H5002

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1 telligence and Analysis a report on the privacy 

2 and civil liberties impact of the Program. 

Æ 


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