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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4930 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Information 
Sharing and Analysis Enhancement Act of 2004''.

SEC. 2. INFORMATION COLLECTION REQUIREMENTS AND PRIORITIES.

    (a) In General.--Section 102 of the Homeland Security Act of 2002 
(6 U.S.C. 112) is amended--
            (1) by redesignating subsections (e), (f), and (g), as 
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Participation in Foreign Collection Requirements and 
Management Processes.--The Secretary shall be a member of any Federal 
Government interagency board, established by executive order or any 
other binding interagency directive, that is responsible for 
establishing foreign collection information requirements and priorities 
for estimative analysis.''.
    (b) Homeland Security Information Requirements Board.--
            (1) In general.--Title I of such Act (6 U.S.C. 111 et seq.) 
        is amended by adding at the end the following new section:

``SEC. 104. HOMELAND SECURITY INFORMATION REQUIREMENTS BOARD.

    ``(a) Establishment of Board.--There is established an interagency 
Homeland Security Information Requirements Board (hereinafter in this 
section referred to as the `Information Requirements Board').
    ``(b) Membership.--The following officials are members of the 
Information Requirements Board:
            ``(1) The Secretary of Homeland Security, who shall serve 
        as the chairman of the Information Requirements Board.
            ``(2) The Attorney General.
            ``(3) The Secretary of Commerce.
            ``(4) The Secretary of the Treasury.
            ``(5) The Secretary of Defense.
            ``(6) The Secretary of Energy.
            ``(7) The Secretary of State.
            ``(8) The Director of Central Intelligence.
            ``(9) The Director of the Federal Bureau of Investigation.
            ``(10) The Director of the Terrorist Threat Integration 
        Center or any successor entity.
            ``(11) The Chief Privacy Officer of the Department of 
        Homeland Security.
    ``(c) Functions.--
            ``(1) Oversight of homeland security requirements.--The 
        Information Requirements Board shall oversee the process for 
        establishing homeland security requirements and collection 
        management for all terrorism-related information and all other 
        homeland security information (as defined in section 892(g)) 
        collected within the United States.
            ``(2) Determination of collection priorities.--The 
        Information Requirements Board shall--
                    ``(A) determine the domestic information collection 
                requirements for information relevant to the homeland 
                security mission; and
                    ``(B) prioritize the collection and use of such 
                information.
            ``(3) Coordination of collection requirements and 
        management activities.--
                    ``(A) Coordination with counterpart agencies.--The 
                Chairman shall ensure that the Information Requirements 
                Board carries out its activities in a manner that is 
                fully coordinated with Board's counterpart entities.
                    ``(B) Participation of counterpart entities.--The 
                Chairman and the Director of Central Intelligence shall 
                ensure that each counterpart entity--
                            ``(i) has at least one representative on 
                        the Information Requirement Board and on every 
                        sub-component of the Board; and
                            ``(ii) meets jointly with the Information 
                        Requirements Board (and, as appropriate, with 
                        any sub-component of the Board) as often as the 
                        Chairman and the Director of Central 
                        Intelligence determine appropriate.
                    ``(C) Counterpart entity defined.--In this section, 
                the term `counterpart entity' means an entity of the 
                Federal Government that is responsible for foreign 
                intelligence collection requirements and management, 
                including the Office of the Deputy Director of Central 
                Intelligence for Community Management and senior 
                collection managers of each of the agencies under the 
                National Foreign Intelligence Program (as defined in 
                section 3(6) of the National Security Act of 1947 (50 
                U.S.C. 401a(6)).
    ``(d) Meetings.--
            ``(1) In general.--The Information Requirements Board shall 
        meet regularly at such times and places as its Chairman may 
        direct.
            ``(2) Invited representatives.--The chairman may invite 
        representatives of Federal agencies not specified in subsection 
        (b) to attend meetings of the Information Requirements 
        Board.''.
            (2) Clerical amendment.--The table of contents of the 
        Homeland Security Act of 2002 is amended by inserting after the 
        item relating to section 103 the following new item:

``104. Homeland Security Information Requirements Board.''.

SEC. 3. ACCESS TO INFORMATION.

    (a) Improvements to Secure Communications and Information 
Technology Infrastructure.--Paragraph (14) of section 201(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended by striking 
``in furtherance of the responsibilities under this section, and to 
disseminate information acquired and analyzed by the Department, as 
appropriate'' and inserting ``with maximum flexibility and speed, in 
furtherance of the responsibilities under this section, and to ensure 
the simultaneous dissemination of such data and information to all 
appropriate personnel''.
    (b) Improvement in Access to Information by Department Personnel.--
Subsection (a) of section 202 of such Act (6 U.S.C. 122) is amended by 
adding at the end the following new paragraph:
            ``(3) Utilization.--Subject to the requirements of section 
        201(d)(12), the Secretary may provide access to any of the 
        information and materials described in this subsection to any 
        personnel of the Department that the Secretary determines 
        requires such access to discharge duties assigned to such 
        personnel.''.
    (c) Establishment of Procedures for Automatic and Immediate 
Transfer of Information to the Department.--Subsection (b) of such 
section is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the Secretary, in consultation with the appropriate 
        Federal Government officials, shall identify and put into place 
        systems, protocols, and procedures to ensure that appropriate 
        personnel of the Department are provided access to such 
        information automatically and immediately.''.
    (d) Effect of Provision of Information to the Terrorist Threat 
Integration Center.--Subsection (d) of such section is amended by 
adding at the end the following new paragraph:
            ``(3) Obligation to share information.--Except as otherwise 
        directed by the President or with the specific written 
        agreement of the Secretary, no Federal agency or official shall 
        be deemed to have discharged any obligation to share any 
        information, report, assessment, or other material, including 
        unevaluated intelligence information, with the Department 
        solely by virtue of having provided that information, report, 
        assessment, or other material to the Terrorist Threat 
        Integration Center or to any entity that succeeds to any of the 
        functions of the Terrorist Threat Integration Center.''.

SEC. 4. HOMELAND SECURITY ADVISORY SYSTEM.

    (a) Coordination of Advisories.--Section 201(d)(7) of the Homeland 
Security Act of 2002 (6 U.S.C. 121(d)(7)) is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) except as otherwise directed by the 
                President, coordinating the issuance of homeland 
                security advisories, warnings, and advice from other 
                Federal agencies to State and local government agencies 
                and authorities, the private sector, other entities, 
                and the public.''.
    (b) Use of Homeland Security Advisory System.--
            (1) In general.--Subtitle A of title II of the Homeland 
        Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
        adding at the end the following:

``SEC. 203. USE OF HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) Public Advisories.--If the Secretary concludes that credible 
information indicates a potential terrorist threat to the United States 
that is not or cannot, on the basis of the information available, be 
limited to one or more States, regions, localities, facilities, sites, 
elements of the population, critical infrastructure sectors, or public 
or private sector activities or events, the Secretary shall, as 
appropriate--
            ``(1) use the Homeland Security Advisory System 
        administered under section 201(d)(7) to inform the public of 
        the existence and nature of the threat and to convey 
        information about the risk it poses to the population and 
        territory of the United States;
            ``(2) provide specific unclassified warning information and 
        advice about appropriate protective measures and 
        countermeasures pursuant to section 201(d)(7)(B), to State and 
        local government agencies and authorities, the private sector, 
        other entities, and the public; and
            ``(3) provide specific classified warning information and 
        advice about appropriate protective measures and 
        countermeasures pursuant to section 201(d)(7)(B) to State and 
        local government officials and individuals in the private 
        sector, who--
                    ``(A) have the appropriate security clearance; and
                    ``(B) in the Secretary's judgment, need to have 
                access to such information and advice in order to 
                discharge their homeland security-related functions.
    ``(b) Limited Advisories.--If the Secretary concludes that credible 
information indicates a potential terrorist threat to one or more 
particular States, regions, localities, facilities, sites, elements of 
the population, critical infrastructure sectors, public or private 
sector activities or events, or any combination of the foregoing, the 
Secretary--
            ``(1) shall, as appropriate, inform officials of the 
        affected entities and provide specific warning information and 
        advice about protective measures and countermeasures to those 
        officials pursuant to section 201(d)(7)(B); and
            ``(2) may, in the Secretary's discretion, issue a public 
        advisory relating to such threat.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by inserting after the item 
        relating to section 202 the following:

``203. Use of Homeland Security Advisory System.''.

SEC. 5. HOMELAND SECURITY INFORMATION SHARING.

    (a) Administration of the Homeland Security Information Network.--
Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is amended by adding at the end the following new paragraph:
            ``(20) To administer the homeland security information 
        network, including--
                    ``(A) exercising primary responsibility for 
                creating a secure nationwide real-time homeland 
                security information sharing network for Federal, 
                State, and local government agencies and authorities, 
                the private sector, and other governmental and private 
                entities involved in receiving, analyzing, and 
                distributing information related to threats to homeland 
                security; and
                    ``(B) ensuring that the information sharing 
                systems, developed in connection with the network 
                created under subparagraph (A), utilize and are 
                compatible with, to the greatest extent practicable, 
                Federal, State, and local government and private sector 
                antiterrorism systems and protocols that have been or 
                are being developed.''.
    (b) Coordination of Dissemination of Information to Non-Federal 
Entities.--
            (1) In general.--Section 892 of such Act (6 U.S.C. 482) is 
        amended--
                    (A) by redesignating subsections (f) and (g) as 
                subsections (g) and (h), respectively; and
                    (B) by inserting after subsection (e) the following 
                new subsection (f):
    ``(f) Requirement for Coordination of Dissemination of Information 
to Non-Federal Entities.--
            ``(1) In general.--Except as otherwise directed by the 
        President or with the specific written agreement of the 
        Secretary, no element of the intelligence community nor any 
        department, agency, or other entity having Federal law 
        enforcement responsibilities, nor any partnership or joint 
        venture consisting wholly or in part of such entities, shall 
        disseminate its analytic products or conclusions related to 
        threats to homeland security to State, local, or private sector 
        officials without the prior approval of the Secretary, except 
        that the head of such an element, department, agency, or other 
        entity may disseminate an analytic product or conclusion 
        without the Secretary's approval--
                    ``(A) when and to the extent that exigent 
                circumstances require that a specific analytic product 
                or conclusion be disseminated in order to prevent, 
                preempt, or disrupt an imminent threat of death or 
                serious bodily injury or significant damage to United 
                States persons, infrastructure or other interests; or
                    ``(B) when it is necessary to share an analytic 
                product or conclusion with Federal, State, and local 
                law enforcement officials relating to a law enforcement 
                activity, if--
                            ``(i) the Department is provided, as soon 
                        as feasible, notice of the potential of such a 
                        communication and is, to the extent 
                        practicable, included in the development of 
                        such communication through the Department's 
                        liaison at the headquarters of the Federal 
                        Bureau of Investigation; and
                            ``(ii) the Secretary must approve any 
                        further dissemination of such analytic product 
                        or conclusion to non-law enforcement State and 
                        local officials, the private sector, or the 
                        public.
            ``(2) When an analytic product or conclusion is 
        disseminated pursuant to paragraph (1)(A), the Secretary and 
        the appropriate entities or officials in other United States 
        Government agencies shall be notified immediately of that 
        dissemination.''.
            (2) Definition.--Subsection (g) of such section (as 
        redesignated by paragraph (1)(A)) is amended by adding at the 
        end the following new paragraph:
            ``(5) Analytic product or conclusion.--The term `analytic 
        product or conclusion' means any product of the analysis of one 
        or more pieces of homeland security information in which 
        inferences have been drawn from such information to arrive at a 
        determination about a fact (including a potential threat) that 
        was not explicit or apparent on the face of the information 
        itself, but does not include mere summaries of homeland 
        security information.''.

SEC. 6. IAIP PERSONNEL RECRUITMENT.

    (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding after section 9701 the following:
``Sec. 9702. Recruitment bonuses
    ``(a) In General.--Notwithstanding any provision of chapter 57, the 
Secretary of Homeland Security, acting through the Under Secretary for 
Information Analysis and Infrastructure Protection, may pay a bonus to 
an individual in order to recruit such individual for a position that--
            ``(1) is within the Directorate for Information Analysis 
        and Infrastructure Protection; and
            ``(2) would otherwise be difficult to fill in the absence 
        of such a bonus.
    ``(b) Bonus Amount.--
            ``(1) In general.--The amount of a bonus under this section 
        shall be determined under regulations of the Secretary of 
        Homeland Security, but may not exceed 50 percent of the annual 
        rate of basic pay of the position involved.
            ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.
            ``(3) Computation rule.--For purposes of paragraph (1), the 
        annual rate of basic pay of a position does not include any 
        comparability payment under section 5304 or any similar 
        authority.
    ``(c) Service Agreements.--Payment of a bonus under this section 
shall be contingent upon the employee entering into a written service 
agreement with the Department of Homeland Security. The agreement shall 
include--
            ``(1) the period of service the individual shall be 
        required to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.
    ``(d) Eligibility.--A bonus under this section may not be paid to 
recruit an individual for--
            ``(1) a position to which an individual is appointed by the 
        President, by and with the advice and consent of the Senate;
            ``(2) a position in the Senior Executive Service as a 
        noncareer appointee (as defined in section 3132(a)); or
            ``(3) a position which has been excepted from the 
        competitive service by reason of its confidential, policy-
        determining, policy-making, or policy-advocating character.
    ``(e) Termination.--The authority to pay bonuses under this section 
shall terminate on September 30, 2007.
``Sec. 9703. Reemployed annuitants
    ``(a) In General.--If an annuitant receiving an annuity from the 
Civil Service Retirement and Disability Fund becomes employed in a 
position within the Department of Homeland Security, the annuitant's 
annuity shall continue. An annuitant so reemployed shall not be 
considered an employee for the purposes of chapter 83 or 84.
    ``(b) Applicability.--This section shall apply--
            ``(1) during the 3-year period beginning on the date of the 
        enactment of this section, to annuitants holding positions 
        within the Directorate for Information Analysis and 
        Infrastructure Protection; and
            ``(2) after the end of the 3-year period described in 
        paragraph (1), to annuitants holding positions within such 
        directorate or other parts of the Department of Homeland 
        Security as the Secretary of Homeland Security may designate.
    ``(c) Definition.--For purposes of this section, the term 
`annuitant' has the meaning given such term under section 8331 or 8401, 
whichever is appropriate.
``Sec. 9704. Regulations
    ``The Secretary of Homeland Security, in consultation with the 
Director of the Office of Personnel Management, may prescribe any 
regulations necessary to carry out section 9702 or 9703.''.
    (b) Clerical Amendment.--The analysis for chapter 97 of title 5, 
United States Code, is amended by adding after the item relating to 
section 9701 the following:

``9702. Recruitment bonuses.
``9703. Reemployed annuitants.
``9704. Regulations.''.

SEC. 7. PARTICIPATION OF THE DEPARTMENT IN THE TERRORIST THREAT 
              INTEGRATION CENTER.

    (a) Assignment of Personnel.--Section 201(e) of the Homeland 
Security Act of 2002 (6 U.S.C. 121(e)) is amended by adding at the end 
the following new paragraph:
            ``(4) Assignment of personnel to ttic.--Personnel of the 
        Department may be assigned to the Terrorist Threat Integration 
        Center (or any successor entity) only for the purpose of 
        performing analytic functions and related duties.''.
    (b) Report on Participation in Terrorist Threat Integration 
Center.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit to each appropriate congressional committee an 
        unclassified report that describes in detail the nature and 
        scope of the participation of the Department of Homeland 
        Security in, and interaction with, the Terrorist Threat 
        Integration Center.
            (2) Contents.--The report required by paragraph (1) shall 
        include the following information:
                    (A) The total funding that has been provided by the 
                Department to the Center and the cost of any personnel, 
                services, or materials the Department has provided to 
                the Center.
                    (B) The number, expertise, and employing component 
                of Department personnel assigned to the Center.
                    (C) Any non-Department regulation, policy or 
                directive that governs the qualifications, job 
                performance, or conduct of Department personnel 
                assigned to the Center.
                    (D) A description of all analytic products 
                originated by the Center that are routinely 
                disseminated to the Department, including the entities 
                or officials within the Department that routinely 
                receive such products, and the means by which such 
                products are disseminated.
                    (E) A description of how each analytic product 
                provided to the Department by the Center is utilized by 
                the Department, including a specification of which, if 
                any, such products the Department routinely 
                disseminates to State, local, or private sector 
                officials.
            (3) Form of submission.--The report required by this 
        section shall be submitted in unclassified form, but may 
        include a classified annex.
            (4) Definitions.--In this subsection:
                    (A) Secretary.--The term ``Secretary'' means the 
                Secretary of Homeland Security.
                    (B) Appropriate congressional committees.--The term 
                ``appropriate congressional committee'' has the meaning 
                given that term in section 2(2) of the Homeland 
                Security Act of 2002 (6 U.S.C. 101(2)).
                    (C) Center.--The term ``Center'' means the 
                Terrorist Threat Integration Center.
                                 <all>
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