I 
109TH CONGRESS 
2D SESSION 
H. R. 5003 
To amend the Homeland Security Act of 2002 to provide for the full and 
efficient use of open-source intelligence. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 16, 2006 
Mr. SIMMONS (for himself and Ms. ZOE LOFGREN of California) introduced 
the following bill; which was referred to the Committee on Homeland Security 
A BILL 
To amend the Homeland Security Act of 2002 to provide 
for the full and efficient use of open-source intelligence. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Homeland Security 
Open Source Intelligence Enhancement Act of 2006’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Open-source intelligence is intelligence that 
is produced from publicly available information and 
is gathered, exploited, and disseminated in a timely 
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manner to an appropriate audience for the purpose 
of addressing specific intelligence and information 
requirements. 
(2) With the ‘‘information revolution’’, the 
amount, significance, and accessibility of open-source 
information has expanded significantly, but the De-
partment of Homeland Security has not expanded 
its exploitation efforts and systems to produce open- 
source intelligence. 
(3) The dissemination and use of validated 
open-source intelligence inherently enables informa-
tion sharing because open-source intelligence is pro-
duced without the use of sensitive sources and meth-
ods. 
(4) Open-source intelligence products can be 
shared with the American public and foreign allies 
because of the unclassified nature of open-source in-
telligence. 
(5) The National Commission on Terrorist At-
tacks Upon the United States, in its final report re-
leased on July 22, 2004, identified shortfalls in the 
ability of the United States to use all-source intel-
ligence, a large component of which is open-source 
intelligence. 
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(6) In the Intelligence Reform and Terrorism 
Prevention Act of 2004, Congress called for the co-
ordination of the collection, analysis, production, and 
dissemination of open-source intelligence. 
(7) 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 Intelligence Community’s 
open source programs have not expanded commensu-
rate with either the increase in available information 
or with the growing importance of open source data 
to today’s problems.’’ 
SEC. 3. FULL AND EFFICIENT USE OF OPEN-SOURCE INTEL-
LIGENCE. 
(a) REQUIREMENT.—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. FULL AND EFFICIENT USE OF OPEN-SOURCE IN-
TELLIGENCE. 
‘‘(a) USE BY UNDER SECRETARY AND ASSISTANT 
SECRETARY.—The Secretary shall ensure that, in meeting 
their analytic responsibilities under sections 201(d) and 
204(c) and in formulating requirements for additional in-
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formation, the Under Secretary for Intelligence and Anal-
ysis and the Assistant Secretary for Infrastructure Protec-
tion make full and efficient use of open-source intelligence 
by acquiring, gathering, processing, and analyzing open- 
source information to produce open-source intelligence 
products. 
‘‘(b) CRITICAL INFRASTRUCTURE ANALYSIS.—The 
Secretary shall ensure that the Department makes full 
and efficient use of open-source information to analyze 
United States critical infrastructure nodes from the per-
spective of terrorists using publicly available information. 
The Secretary shall share the results of the analysis with 
appropriate Federal, State, local, tribal, and private-sector 
officials.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by by adding at 
the end of the items relating to such subtitle the following 
the following: 
‘‘Sec. 203. Full and efficient use of open source intelligence’’. 
Æ 
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