I 

108TH CONGRESS 

2D SESSION H. R. 4930

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

information sharing and analysis, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. COX (for himself and Mr. GIBBONS) introduced the following bill; which 

was referred to the Select Committee on Intelligence (Permanent Select), 

and in addition to the Committees on Government Reform and Select 

Homeland Security, 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 amend the Homeland Security Act of 2002 to enhance 

homeland security information sharing and analysis, 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 and Analysis Enhancement Act of 

6 2004’’. 
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1 SEC. 2. INFORMATION COLLECTION REQUIREMENTS AND 

2 PRIORITIES. 

3 (a) IN GENERAL.—Section 102 of the Homeland Se4 curity Act of 2002 (6 U.S.C. 112) is amended—

5 (1) by redesignating subsections (e), (f), and 

6 (g), as subsections (f), (g), and (h), respectively; and 

7 (2) by inserting after subsection (d) the fol8 lowing new subsection (e): 

9 ‘‘(e) PARTICIPATION IN FOREIGN COLLECTION RE10 QUIREMENTS AND MANAGEMENT PROCESSES.—The Sec11 retary shall be a member of any Federal Government 

12 interagency board, established by executive order or any 

13 other binding interagency directive, that is responsible for 

14 establishing foreign collection information requirements 

15 and priorities for estimative analysis.’’. 

16 (b) HOMELAND SECURITY INFORMATION REQUIRE17 MENTS BOARD.—

18 (1) IN GENERAL.—Title I of such Act (6 U.S.C. 

19 111 et seq.) is amended by adding at the end the 

20 following new section: 

21 ‘‘SEC. 104. HOMELAND SECURITY INFORMATION REQUIRE22 MENTS BOARD. 

23 ‘‘(a) ESTABLISHMENT OF BOARD.—There is estab24 lished an interagency Homeland Security Information Re25 quirements Board (hereinafter in this section referred to 

26 as the ‘Information Requirements Board’). 
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1 ‘‘(b) MEMBERSHIP.—The following officials are mem2 bers of the Information Requirements Board: 

3 ‘‘(1) The Secretary of Homeland Security, who 

4 shall serve as the chairman of the Information Re5 quirements Board. 

6 ‘‘(2) The Attorney General. 

7 ‘‘(3) The Secretary of Commerce. 

8 ‘‘(4) The Secretary of the Treasury. 

9 ‘‘(5) The Secretary of Defense. 

10 ‘‘(6) The Secretary of Energy. 

11 ‘‘(7) The Secretary of State. 

12 ‘‘(8) The Director of Central Intelligence. 

13 ‘‘(9) The Director of the Federal Bureau of In14 vestigation. 

15 ‘‘(10) The Director of the Terrorist Threat In16 tegration Center or any successor entity. 

17 ‘‘(11) The Chief Privacy Officer of the Depart18 ment of Homeland Security. 

19 ‘‘(c) FUNCTIONS.—

20 ‘‘(1) OVERSIGHT OF HOMELAND SECURITY RE21 QUIREMENTS.—The Information Requirements 

22 Board shall oversee the process for establishing 

23 homeland security requirements and collection man24 agement for all terrorism-related information and all 
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1 other homeland security information (as defined in 

2 section 892(g)) collected within the United States. 

3 ‘‘(2) DETERMINATION OF COLLECTION PRIOR4 ITIES.—The Information Requirements Board 

5 shall—

6 ‘‘(A) determine the domestic information 

7 collection requirements for information relevant 

8 to the homeland security mission; and 

9 ‘‘(B) prioritize the collection and use of 

10 such information. 

11 ‘‘(3) COORDINATION OF COLLECTION REQUIRE12 MENTS AND MANAGEMENT ACTIVITIES.—

13 ‘‘(A) COORDINATION WITH COUNTERPART

14 AGENCIES.—The Chairman shall ensure that 

15 the Information Requirements Board carries 

16 out its activities in a manner that is fully co17 ordinated with Board’s counterpart entities. 

18 ‘‘(B) PARTICIPATION OF COUNTERPART

19 ENTITIES.—The Chairman and the Director of 

20 Central Intelligence shall ensure that each 

21 counterpart entity—

22 ‘‘(i) has at least one representative on 

23 the Information Requirement Board and 

24 on every sub-component of the Board; and 
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1 ‘‘(ii) meets jointly with the Informa2 tion Requirements Board (and, as appro3 priate, with any sub-component of the 

4 Board) as often as the Chairman and the 

5 Director of Central Intelligence determine 

6 appropriate. 

7 ‘‘(C) COUNTERPART ENTITY DEFINED.—In 

8 this section, the term ‘counterpart entity’ 

9 means an entity of the Federal Government 

10 that is responsible for foreign intelligence collec11 tion requirements and management, including 

12 the Office of the Deputy Director of Central In13 telligence for Community Management and sen14 ior collection managers of each of the agencies 

15 under the National Foreign Intelligence Pro16 gram (as defined in section 3(6) of the National 

17 Security Act of 1947 (50 U.S.C. 401a(6)). 

18 ‘‘(d) MEETINGS.—

19 ‘‘(1) IN GENERAL.—The Information Require20 ments Board shall meet regularly at such times and 

21 places as its Chairman may direct. 

22 ‘‘(2) INVITED REPRESENTATIVES.—The chair23 man may invite representatives of Federal agencies 

24 not specified in subsection (b) to attend meetings of 

25 the Information Requirements Board.’’. 
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1 (2) CLERICAL AMENDMENT.—The table of con2 tents of the Homeland Security Act of 2002 is 

3 amended by inserting after the item relating to sec4 tion 103 the following new item:

‘‘104. Homeland Security Information Requirements Board.’’.

5 SEC. 3. ACCESS TO INFORMATION. 

6 (a) IMPROVEMENTS TO SECURE COMMUNICATIONS

7 AND INFORMATION TECHNOLOGY INFRASTRUCTURE.—

8 Paragraph (14) of section 201(d) of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 121(d)) is amended by striking 

10 ‘‘in furtherance of the responsibilities under this section, 

11 and to disseminate information acquired and analyzed by 

12 the Department, as appropriate’’ and inserting ‘‘with max13 imum flexibility and speed, in furtherance of the respon14 sibilities under this section, and to ensure the simulta15 neous dissemination of such data and information to all 

16 appropriate personnel’’. 

17 (b) IMPROVEMENT IN ACCESS TO INFORMATION BY

18 DEPARTMENT PERSONNEL.—Subsection (a) of section 

19 202 of such Act (6 U.S.C. 122) is amended by adding 

20 at the end the following new paragraph: 

21 ‘‘(3) UTILIZATION.—Subject to the require22 ments of section 201(d)(12), the Secretary may pro23 vide access to any of the information and materials 

24 described in this subsection to any personnel of the 

25 Department that the Secretary determines requires 
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1 such access to discharge duties assigned to such per2 sonnel.’’. 

3 (c) ESTABLISHMENT OF PROCEDURES FOR AUTO4 MATIC AND IMMEDIATE TRANSFER OF INFORMATION TO

5 THE DEPARTMENT.—Subsection (b) of such section is 

6 amended—

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (1); 

9 (2) by striking the period at the end of para10 graph (2) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) the Secretary, in consultation with the ap14 propriate Federal Government officials, shall identify 

15 and put into place systems, protocols, and proce16 dures to ensure that appropriate personnel of the 

17 Department are provided access to such information 

18 automatically and immediately.’’. 

19 (d) EFFECT OF PROVISION OF INFORMATION TO THE

20 TERRORIST THREAT INTEGRATION CENTER.—Subsection 

21 (d) of such section is amended by adding at the end the 

22 following new paragraph: 

23 ‘‘(3) OBLIGATION TO SHARE INFORMATION.—

24 Except as otherwise directed by the President or 

25 with the specific written agreement of the Secretary, 
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1 no Federal agency or official shall be deemed to have 

2 discharged any obligation to share any information, 

3 report, assessment, or other material, including 

4 unevaluated intelligence information, with the De5 partment solely by virtue of having provided that in6 formation, report, assessment, or other material to 

7 the Terrorist Threat Integration Center or to any 

8 entity that succeeds to any of the functions of the 

9 Terrorist Threat Integration Center.’’. 

10 SEC. 4. HOMELAND SECURITY ADVISORY SYSTEM. 

11 (a) COORDINATION OF ADVISORIES.—Section 

12 201(d)(7) of the Homeland Security Act of 2002 (6 

13 U.S.C. 121(d)(7)) is amended—

14 (1) by striking ‘‘and’’ after the semicolon at the 

15 end of subparagraph (A); 

16 (2) by striking the period at the end of sub17 paragraph (B) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(C) except as otherwise directed by the 

20 President, coordinating the issuance of home21 land security advisories, warnings, and advice 

22 from other Federal agencies to State and local 

23 government agencies and authorities, the pri24 vate sector, other entities, and the public.’’. 
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1 (b) USE OF HOMELAND SECURITY ADVISORY SYS2 TEM.—

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

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

5 seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 203. USE OF HOMELAND SECURITY ADVISORY SYS7 TEM. 

8 ‘‘(a) PUBLIC ADVISORIES.—If the Secretary con9 cludes that credible information indicates a potential ter10 rorist threat to the United States that is not or cannot, 

11 on the basis of the information available, be limited to one 

12 or more States, regions, localities, facilities, sites, elements 

13 of the population, critical infrastructure sectors, or public 

14 or private sector activities or events, the Secretary shall, 

15 as appropriate—

16 ‘‘(1) use the Homeland Security Advisory Sys17 tem administered under section 201(d)(7) to inform 

18 the public of the existence and nature of the threat 

19 and to convey information about the risk it poses to 

20 the population and territory of the United States; 

21 ‘‘(2) provide specific unclassified warning infor22 mation and advice about appropriate protective 

23 measures and countermeasures pursuant to section 

24 201(d)(7)(B), to State and local government agen-
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1 cies and authorities, the private sector, other enti2 ties, and the public; and 

3 ‘‘(3) provide specific classified warning informa4 tion and advice about appropriate protective meas5 ures and countermeasures pursuant to section 

6 201(d)(7)(B) to State and local government officials 

7 and individuals in the private sector, who—

8 ‘‘(A) have the appropriate security clear9 ance; and 

10 ‘‘(B) in the Secretary’s judgment, need to 

11 have access to such information and advice in 

12 order to discharge their homeland security-re13 lated functions. 

14 ‘‘(b) LIMITED ADVISORIES.—If the Secretary con15 cludes that credible information indicates a potential ter16 rorist threat to one or more particular States, regions, lo17 calities, facilities, sites, elements of the population, critical 

18 infrastructure sectors, public or private sector activities or 

19 events, or any combination of the foregoing, the Sec20 retary—

21 ‘‘(1) shall, as appropriate, inform officials of 

22 the affected entities and provide specific warning in23 formation and advice about protective measures and 

24 countermeasures to those officials pursuant to sec25 tion 201(d)(7)(B); and 
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1 ‘‘(2) may, in the Secretary’s discretion, issue a 

2 public advisory relating to such threat.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in section 1(b) of such Act is amended by in5 serting after the item relating to section 202 the fol6 lowing:

‘‘203. Use of Homeland Security Advisory System.’’.

7 SEC. 5. HOMELAND SECURITY INFORMATION SHARING. 

8 (a) ADMINISTRATION OF THE HOMELAND SECURITY

9 INFORMATION NETWORK.—Section 201(d) of the Home10 land Security Act of 2002 (6 U.S.C. 121(d)) is amended 

11 by adding at the end the following new paragraph: 

12 ‘‘(20) To administer the homeland security in13 formation network, including—

14 ‘‘(A) exercising primary responsibility for 

15 creating a secure nationwide real-time home16 land security information sharing network for 

17 Federal, State, and local government agencies 

18 and authorities, the private sector, and other 

19 governmental and private entities involved in 

20 receiving, analyzing, and distributing informa21 tion related to threats to homeland security; 

22 and 

23 ‘‘(B) ensuring that the information sharing 

24 systems, developed in connection with the net25 work created under subparagraph (A), utilize 
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1 and are compatible with, to the greatest extent 

2 practicable, Federal, State, and local govern3 ment and private sector antiterrorism systems 

4 and protocols that have been or are being devel5 oped.’’. 

6 (b) COORDINATION OF DISSEMINATION OF INFORMA7 TION TO NON-FEDERAL ENTITIES.—

8 (1) IN GENERAL.—Section 892 of such Act (6 

9 U.S.C. 482) is amended—

10 (A) by redesignating subsections (f) and 

11 (g) as subsections (g) and (h), respectively; and 

12 (B) by inserting after subsection (e) the 

13 following new subsection (f): 

14 ‘‘(f) REQUIREMENT FOR COORDINATION OF DISSEMI15 NATION OF INFORMATION TO NON-FEDERAL ENTITIES.—

16 ‘‘(1) IN GENERAL.—Except as otherwise di17 rected by the President or with the specific written 

18 agreement of the Secretary, no element of the intel19 ligence community nor any department, agency, or 

20 other entity having Federal law enforcement respon21 sibilities, nor any partnership or joint venture con22 sisting wholly or in part of such entities, shall dis23 seminate its analytic products or conclusions related 

24 to threats to homeland security to State, local, or 

25 private sector officials without the prior approval of 
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1 the Secretary, except that the head of such an ele2 ment, department, agency, or other entity may dis3 seminate an analytic product or conclusion without 

4 the Secretary’s approval—

5 ‘‘(A) when and to the extent that exigent 

6 circumstances require that a specific analytic 

7 product or conclusion be disseminated in order 

8 to prevent, preempt, or disrupt an imminent 

9 threat of death or serious bodily injury or sig10 nificant damage to United States persons, in11 frastructure or other interests; or 

12 ‘‘(B) when it is necessary to share an ana13 lytic product or conclusion with Federal, State, 

14 and local law enforcement officials relating to a 

15 law enforcement activity, if—

16 ‘‘(i) the Department is provided, as 

17 soon as feasible, notice of the potential of 

18 such a communication and is, to the extent 

19 practicable, included in the development of 

20 such communication through the Depart21 ment’s liaison at the headquarters of the 

22 Federal Bureau of Investigation; and 

23 ‘‘(ii) the Secretary must approve any 

24 further dissemination of such analytic 

25 product or conclusion to non-law enforce-
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1 ment State and local officials, the private 

2 sector, or the public. 

3 ‘‘(2) When an analytic product or conclusion is 

4 disseminated pursuant to paragraph (1)(A), the Sec5 retary and the appropriate entities or officials in 

6 other United States Government agencies shall be 

7 notified immediately of that dissemination.’’. 

8 (2) DEFINITION.—Subsection (g) of such sec9 tion (as redesignated by paragraph (1)(A)) is 

10 amended by adding at the end the following new 

11 paragraph: 

12 ‘‘(5) ANALYTIC PRODUCT OR CONCLUSION.—

13 The term ‘analytic product or conclusion’ means any 

14 product of the analysis of one or more pieces of 

15 homeland security information in which inferences 

16 have been drawn from such information to arrive at 

17 a determination about a fact (including a potential 

18 threat) that was not explicit or apparent on the face 

19 of the information itself, but does not include mere 

20 summaries of homeland security information.’’. 

21 SEC. 6. IAIP PERSONNEL RECRUITMENT. 

22 (a) IN GENERAL.—Chapter 97 of title 5, United 

23 States Code, is amended by adding after section 9701 the 

24 following: 
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1 ‘‘§ 9702. Recruitment bonuses 

2 ‘‘(a) IN GENERAL.—Notwithstanding any provision 

3 of chapter 57, the Secretary of Homeland Security, acting 

4 through the Under Secretary for Information Analysis and 

5 Infrastructure Protection, may pay a bonus to an indi6 vidual in order to recruit such individual for a position 

7 that—

8 ‘‘(1) is within the Directorate for Information 

9 Analysis and Infrastructure Protection; and 

10 ‘‘(2) would otherwise be difficult to fill in the 

11 absence of such a bonus. 

12 ‘‘(b) BONUS AMOUNT.—

13 ‘‘(1) IN GENERAL.—The amount of a bonus 

14 under this section shall be determined under regula15 tions of the Secretary of Homeland Security, but 

16 may not exceed 50 percent of the annual rate of 

17 basic pay of the position involved. 

18 ‘‘(2) FORM OF PAYMENT.—A bonus under this 

19 section shall be paid in the form of a lump-sum pay20 ment and shall not be considered to be part of basic 

21 pay. 

22 ‘‘(3) COMPUTATION RULE.—For purposes of 

23 paragraph (1), the annual rate of basic pay of a po24 sition does not include any comparability payment 

25 under section 5304 or any similar authority. 
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1 ‘‘(c) SERVICE AGREEMENTS.—Payment of a bonus 

2 under this section shall be contingent upon the employee 

3 entering into a written service agreement with the Depart4 ment of Homeland Security. The agreement shall in5 clude—

6 ‘‘(1) the period of service the individual shall be 

7 required to complete in return for the bonus; and 

8 ‘‘(2) the conditions under which the agreement 

9 may be terminated before the agreed-upon service 

10 period has been completed, and the effect of the ter11 mination. 

12 ‘‘(d) ELIGIBILITY.—A bonus under this section may 

13 not be paid to recruit an individual for—

14 ‘‘(1) a position to which an individual is ap15 pointed by the President, by and with the advice and 

16 consent of the Senate; 

17 ‘‘(2) a position in the Senior Executive Service 

18 as a noncareer appointee (as defined in section 

19 3132(a)); or 

20 ‘‘(3) a position which has been excepted from 

21 the competitive service by reason of its confidential, 

22 policy-determining, policy-making, or policy-advo23 cating character. 

24 ‘‘(e) TERMINATION.—The authority to pay bonuses 

25 under this section shall terminate on September 30, 2007. 
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1 ‘‘§ 9703. Reemployed annuitants 

2 ‘‘(a) IN GENERAL.—If an annuitant receiving an an3 nuity from the Civil Service Retirement and Disability 

4 Fund becomes employed in a position within the Depart5 ment of Homeland Security, the annuitant’s annuity shall 

6 continue. An annuitant so reemployed shall not be consid7 ered an employee for the purposes of chapter 83 or 84. 

8 ‘‘(b) APPLICABILITY.—This section shall apply—

9 ‘‘(1) during the 3-year period beginning on the 

10 date of the enactment of this section, to annuitants 

11 holding positions within the Directorate for Informa12 tion Analysis and Infrastructure Protection; and 

13 ‘‘(2) after the end of the 3-year period de14 scribed in paragraph (1), to annuitants holding posi15 tions within such directorate or other parts of the 

16 Department of Homeland Security as the Secretary 

17 of Homeland Security may designate. 

18 ‘‘(c) DEFINITION.—For purposes of this section, the 

19 term ‘annuitant’ has the meaning given such term under 

20 section 8331 or 8401, whichever is appropriate. 

21 ‘‘§ 9704. Regulations 

22 ‘‘The Secretary of Homeland Security, in consulta23 tion with the Director of the Office of Personnel Manage24 ment, may prescribe any regulations necessary to carry 

25 out section 9702 or 9703.’’. 
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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 97 of title 5, United States Code, is amended by add3 ing after the item relating to section 9701 the following:

‘‘9702. Recruitment bonuses. 

‘‘9703. Reemployed annuitants. 

‘‘9704. Regulations.’’.

4 SEC. 7. PARTICIPATION OF THE DEPARTMENT IN THE TER5 RORIST THREAT INTEGRATION CENTER. 

6 (a) ASSIGNMENT OF PERSONNEL.—Section 201(e) of 

7 the Homeland Security Act of 2002 (6 U.S.C. 121(e)) is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(4) ASSIGNMENT OF PERSONNEL TO TTIC.—

11 Personnel of the Department may be assigned to the 

12 Terrorist Threat Integration Center (or any suc13 cessor entity) only for the purpose of performing 

14 analytic functions and related duties.’’. 

15 (b) REPORT ON PARTICIPATION IN TERRORIST

16 THREAT INTEGRATION CENTER.—

17 (1) IN GENERAL.—Not later than one year 

18 after the date of the enactment of this Act, the Sec19 retary of Homeland Security shall submit to each 

20 appropriate congressional committee an unclassified 

21 report that describes in detail the nature and scope 

22 of the participation of the Department of Homeland 

23 Security in, and interaction with, the Terrorist 

24 Threat Integration Center. 
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1 (2) CONTENTS.—The report required by para2 graph (1) shall include the following information: 

3 (A) The total funding that has been pro4 vided by the Department to the Center and the 

5 cost of any personnel, services, or materials the 

6 Department has provided to the Center. 

7 (B) The number, expertise, and employing 

8 component of Department personnel assigned to 

9 the Center. 

10 (C) Any non-Department regulation, policy 

11 or directive that governs the qualifications, job 

12 performance, or conduct of Department per13 sonnel assigned to the Center. 

14 (D) A description of all analytic products 

15 originated by the Center that are routinely dis16 seminated to the Department, including the en17 tities or officials within the Department that 

18 routinely receive such products, and the means 

19 by which such products are disseminated. 

20 (E) A description of how each analytic 

21 product provided to the Department by the 

22 Center is utilized by the Department, including 

23 a specification of which, if any, such products 

24 the Department routinely disseminates to State, 

25 local, or private sector officials. 
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1 (3) FORM OF SUBMISSION.—The report re2 quired by this section shall be submitted in unclassi3 fied form, but may include a classified annex. 

4 (4) DEFINITIONS.—In this subsection: 

5 (A) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of Homeland Security. 

7 (B) APPROPRIATE CONGRESSIONAL COM8 MITTEES.—The term ‘‘appropriate congres9 sional committee’’ has the meaning given that 

10 term in section 2(2) of the Homeland Security 

11 Act of 2002 (6 U.S.C. 101(2)). 

12 (C) CENTER.—The term ‘‘Center’’ means 

13 the Terrorist Threat Integration Center.

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