SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Internet has profoundly expanded the 
amount, significance, and accessibility of all types of 
information, but the Department of Homeland Secu-
rity has not sufficiently expanded its use of such in-
formation to produce analytical products. 
(2) Open source products can be shared with 
Federal, State, local, and tribal law enforcement, the 
American public, the private sector, and foreign al-
lies because of their unclassified nature. 
(3) In a report to the President released on 
March 31, 2005, the Commission on the Intelligence 
Capabilities of the United States Regarding Weap-
ons of Mass Destruction found that ‘‘the need for 
exploiting open source material is greater now than 
ever before’’, but that the Federal Government’s 
‘‘open source programs have not expanded commen-
surate with either the increase in available informa-
tion or with the growing importance of open source 
data to today’s problems’’. 
(4) The Department of Homeland Security is 
responsible for providing open source products to 
consumers consistent with existing Federal open 
source information guidelines. 
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SEC. 3. FULL AND EFFICIENT USE OF OPEN SOURCE INFOR-
MATION. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend-
ed by adding at the end the following: 
‘‘SEC. 203. FULL AND EFFICIENT USE OF OPEN SOURCE IN-
FORMATION. 
‘‘(a) RESPONSIBILITIES OF SECRETARY.—The Sec-
retary shall ensure that Department components respon-
sible for information sharing and infrastructure protection 
under section 201(d) make full and efficient use of open 
source homeland security information to develop and dis-
seminate open source products. 
‘‘(b) CRITICAL INFRASTRUCTURE ANALYSIS.—The 
Secretary shall— 
‘‘(1) ensure that the Department makes full 
and efficient use of open source information to ana-
lyze United States critical infrastructure nodes from 
the perspective of terrorists and other activities with 
a nexus to terrorism using publicly available infor-
mation; and 
‘‘(2) shall share the unclassified results of such 
analysis with appropriate Federal, State, local, trib-
al, and private-sector officials. 
‘‘(c) PROTECTION OF PRIVACY.— 
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‘‘(1) COMPLIANCE
WITH
OTHER
LAWS.—The 
Secretary shall ensure that the manner in which 
open source information is gathered and dissemi-
nated by the Department complies with the Con-
stitution, section 552a of title 5, United States Code 
(popularly known as the Privacy Act of 1974), provi-
sions of law enacted by the E–Government Act of 
2002 (Public Law 107–347), and all other relevant 
Federal laws. 
‘‘(2) DESCRIPTION
IN
ANNUAL
REPORT
BY 
CHIEF PRIVACY OFFICER.—The Chief Privacy Offi-
cer of the Department shall include in its annual re-
port to Congress a description of the types of per-
sonally identifiable information collected by Depart-
ment intelligence components. 
‘‘(d) INSPECTOR GENERAL REPORT.—The Inspector 
General of the Department shall audit the use and dis-
semination of open source information by the Department 
to evaluate the effectiveness of the Department’s activities 
and to ensure that it is consistent with existing Federal 
open source information guidelines. 
‘‘(e) OPEN SOURCE INFORMATION DEFINED.—In 
this section the term ‘open source information’ means in-
formation that is publicly available and that can be used 
and disseminated in a timely manner to an appropriate 
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audience for the purpose of addressing a specific homeland 
security requirement.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to such subtitle the following: 
‘‘Sec. 203. Full and efficient use of open source information.’’. 
SEC. 4. OPEN SOURCE INFORMATION DEFINED. 
In this Act the term ‘‘open source information’’ has 
the meaning that term has in section 203 of Homeland 
Security Act of 2002, as amended by this Act. 
Æ 
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