I 
109TH CONGRESS 
2D SESSION 
H. R. 5144 
To provide for supply chain security cooperation between Department of 
Homeland Security and the private sector, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2006 
Mr. JINDAL introduced the following bill; which was referred to the Committee 
on Homeland Security 
A BILL 
To provide for supply chain security cooperation between 
Department of Homeland Security and the private sec-
tor, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. INFORMATION SHARING. 
(a) PURPOSES.—The purposes of this section are— 
(1) to establish continuing liaison and to pro-
vide for supply chain security cooperation between 
Department of Homeland Security and the private 
sector; and 
(2) to provide for regular and timely inter-
change of information between the private sector 
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and the Department concerning developments and 
security risks in the supply chain environment. 
(b) SECURE SYSTEM.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall develop a secure electronic data 
interchange system to collect from and share appropriate 
risk information related to securing the supply chain with 
the private sector entities determined appropriate by the 
Secretary. 
(c) CONSULTATION.—In developing the system under 
subsection (b), the Secretary shall consult with the Com-
mercial Operations Advisory Committee and a broad range 
of public and private sector entities likely to utilize the 
system, including importers, exporters, carriers, customs 
brokers, and freight forwarders, among other parties. 
(d) PROCEDURES.—The Secretary shall establish 
uniform procedures for the receipt, care, and storage of 
supply chain security information that is voluntarily sub-
mitted to the Department through the system developed 
under subsection (b). 
(e) LIMITATIONS.—The voluntary information col-
lected through the system developed under subsection (b) 
shall be used exclusively for ensuring security and shall 
not be used for determining entry or for any other com-
mercial enforcement purpose. The voluntary information 
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submitted to the Department through the system devel-
oped under subsection (b) shall not be construed to con-
stitute compliance with any requirement to submit such 
information to a Federal agency under any other provision 
of law. 
(f) PARTICIPANTS.—The Secretary shall develop pro-
tocols for determining appropriate private sector personnel 
who shall have access to the system developed under sub-
section (b). Such personnel shall include designated secu-
rity officers within companies that are determined to be 
low risk through participation in the Customs-Trade Part-
nership Against Terrorism program administered by U.S. 
Customs and Border Protection. 
(g) CONFIDENTIALITY.—Notwithstanding any other 
provision of law, information that is voluntarily submitted 
by the private sector to the Department through the sys-
tem developed under subsection (b)— 
(1) shall be exempt from disclosure under sec-
tion 552 of title 5, United States Code (commonly 
referred to as the Freedom of Information Act); 
(2) shall not, without the written consent of the 
person or entity submitting such information, be 
used directly by the Department or a third party, in 
any civil action arising under Federal or State law 
if such information is submitted in good faith; and 
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(3) shall not, without the written consent of the 
person or entity submitting such information, be 
used or disclosed by any officer or employee of the 
United States for purposes other than the purposes 
of this section, except— 
(A) in furtherance of an investigation or 
other prosecution of a criminal act; or 
(B) when disclosure of the information 
would be— 
(i) to either House of Congress, or to 
the extent of matter within its jurisdiction, 
any committee or subcommittee thereof, 
any joint committee thereof or sub-
committee of any such joint committee; or 
(ii) to the Comptroller General, or any 
authorized representative of the Comp-
troller General, in the course of the per-
formance of the duties of the Comptroller 
General. 
(h) INDEPENDENTLY OBTAINED INFORMATION.— 
Nothing in this section shall be construed to limit or other-
wise affect the ability of a Federal, State, or local, govern-
ment entity, under applicable law, to obtain supply chain 
security information, including any information lawfully 
and properly disclosed generally or broadly to the public 
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and to use such information in any manner permitted by 
law. 
(i) PENALTIES.—Whoever, being an officer or em-
ployee of the United States or of any department or agen-
cy thereof, knowingly publishes, divulges, discloses, or 
makes known in any manner or to any extent not author-
ized by law, any supply chain security information pro-
tected in this section from disclosure, shall be fined under 
title 18, United States Code, imprisoned not more than 
1 year, or both, and shall be removed from office or em-
ployment. 
(j) AUTHORITY
TO ISSUE WARNINGS.—The Sec-
retary may provide advisories, alerts, and warnings to rel-
evant companies, targeted sectors, other governmental en-
tities, or the general public regarding potential risks to 
the supply chain as appropriate. In issuing a warning, the 
Secretary shall take appropriate actions to protect from 
disclosure— 
(1) the source of any voluntarily submitted sup-
ply chain security information that forms the basis 
for the warning; and 
(2) information that is proprietary, business 
sensitive, relates specifically to the submitting per-
son or entity, or is otherwise not appropriately in 
the public domain. 
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(k) DEFINITIONS.—In this section: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
Æ 
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