I 

109TH CONGRESS 

2D SESSION H. R. 5178 

To direct the Secretary of Homeland Security to conduct a study to identify 

best practices for the communication of information concerning a terrorist threat, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2006 

Mr. FOSSELLA (for himself and Mr. HOEKSTRA) introduced the following bill; 

which was referred to the Committee on Homeland Security, and in addition to the Select Committee on Intelligence (Permanent Select), for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Homeland Security to conduct 

a study to identify best practices for the communication 

of information concerning a terrorist threat, 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. STUDY. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity and the Director of National Intelligence shall conduct 

6 jointly, or contract with an entity to conduct, a study of 


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1 the operations of Federal, State, and local government en2 tities to identify best practices for the communication of 

3 information concerning a terrorist threat. 

4 (b) CONTENTS.— 

5 (1) IDENTIFICATION OF BEST PRACTICES.—The 

6 study conducted under this section shall be focused 

7 on an analysis and identification of the best prac8 tices of the information sharing processes of the fol9 lowing government entities: 

10 (A) Joint Terrorism Task Forces, which 

11 are operated by the Federal Bureau of Inves12 tigations with the participation of local law en13 forcement agencies. 

14 (B) State Homeland Security Fusion Cen15 ters, which are established by a State and share 

16 information with Federal departments. 

17 (C) The Homeland Security Operations 

18 Center, which is operated by the Department of 

19 Homeland Security for the purposes of coordi20 nating information. 

21 (D) State and local law enforcement agen22 cies that collect, utilize, and disseminate infor23 mation on potential terrorist attacks. 

24 (E) The appropriate elements of the intel25 ligence community, as defined in section 3 of 


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1 the National Security Act of 1947 (50 U.S.C. 

2 401a), involved in the sharing of counter-ter3 rorism information. 

4 (2) COORDINATION OF GOVERNMENT ENTI5 TIES.—The study conducted under this section shall 

6 include an examination of methods for coordinating 

7 the activities of Federal, State, and local entities in 

8 responding to a terrorist threat, and specifically the 

9 communication to the general public of information 

10 concerning the threat. The study shall not include 

11 an examination of the sources and methods used in 

12 the collection of the information. 

13 (c) OBTAINING OFFICIAL DATA.—In conducting the 

14 study, the Secretary, in conjunction with the Director, 

15 with due regard for the protection of classified informa16 tion, may secure directly from any department or agency 

17 of the United States information necessary to enable the 

18 Secretary to carry out this section. Classified information 

19 shall be handled through established methods for control20 ling such information. 

21 (d) TEMPORARY DUTY OF FEDERAL PERSONNEL.— 

22 The Secretary, in conjunction with the Director, may re23 quest the head of any department or agency of the United 

24 States to detail to temporary duty personnel within the 

25 administrative jurisdiction of the head of the department 


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1 or agency that the Secretary may need to carry out this 

2 section, each detail to be without loss of seniority, pay, 

3 or other employee status. 

4 (e) REPORT.— 

5 (1) IN GENERAL.—Not later than 6 months 

6 after the date of enactment of this Act, the Sec7 retary, in conjunction with the Director, shall submit 

8 to Congress a report that contains— 

9 (A) a detailed statement of the findings 

10 and conclusions of the study, including identi11 fication of the best practices for the processing, 

12 analysis, and dissemination of information be13 tween the government entities referred to in 

14 subsection (b)(1); and 

15 (B) recommendations for a formalized 

16 process of consultation, communication, and 

17 confidentiality between Federal, State, and local 

18 governments, incorporating the best practices of 

19 the various entities studied, to facilitate com20 munication and help prevent the unauthorized 

21 dissemination of information and criticism of 

22 decisions concerning terrorist threats. 

23 (2) CLASSIFIED INFORMATION.—To the extent 

24 determined appropriate by the Secretary, in conjuncVerDate Aug 31 2005 08:34 Apr 28, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5178.IH H5178

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1 tion with the Director, the Secretary may submit a 

2 portion of the report in classified form. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $5,000,000 for fiscal year 2007. 

6 SEC. 2. CENTERS OF BEST PRACTICES. 

7 (a) IN GENERAL.—The Secretary of Homeland Secu8 rity, in consultation with the Director of National Intel9 ligence, shall make grants for the establishment and oper10 ation of 3 centers to implement the best practices, identi11 fied by the study conducted under section 1, for the proc12 essing, analysis, and dissemination of information con13 cerning a terrorist threat (in this Act, each referred to 

14 as a ‘‘Center’’). 

15 (b) LOCATION OF CENTERS.—In carrying out sub16 section (a), the Secretary, in consultation with the Direc17 tor, shall make grants to— 

18 (1) the State of New York for the establishment 

19 of a Center to be located in New York City; 

20 (2) the State of Michigan for the establishment 

21 of a Center to be located in Detroit; and 

22 (3) the State of California for the establishment 

23 of a Center to be located in Los Angeles. 

24 (c) PURPOSE OF CENTERS.—Each Center shall— 


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1 (1) implement the best practices, identified by 

2 the study conducted under section 1, for information 

3 sharing concerning a terrorist threat; 

4 (2) coordinate the communication of these best 

5 practices with other metropolitan areas; 

6 (3) coordinate with the Secretary and the Di7 rector to develop a training curriculum to implement 

8 these best practices; 

9 (4) provide funding and technical assistance to 

10 other metropolitan areas to assist the metropolitan 

11 areas in the implementation of the curriculum devel12 oped under paragraph (3); and 

13 (5) coordinate with the Secretary and the Di14 rector to establish a method to advertise and dis15 seminate these best practices. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated for making grants under 

18 this section— 

19 (1) $10,000,000 for fiscal year 2007 for the es20 tablishment of the Centers; and 

21 (2) $3,000,000 for each of fiscal years 2008 

22 through 2012 for the operation of the Centers. 

23 (e) REPORT TO CONGRESS.—Not later than March 

24 31, 2010, the Secretary, in consultation with the Director, 

25 shall submit to Congress a report evaluating the operVerDate Aug 31 2005 08:34 Apr 28, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5178.IH H5178

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1 ations of the Centers and making recommendations for fu2 ture funding. 

Æ 


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