376 
or use of a weapon of mass destruction (including a chemical, biologi-
cal, radiological, or nuclear weapon) that could be used by a terrorist 
or a terrorist organization against the United States, including infor-
mation about the location of a stockpile of nuclear materials that could 
be exploited for use in a weapon that could be used by a terrorist or 
a terrorist organization against the United States. 
(b) INFORMATION SHARING ENVIRONMENT.— 
(1) ESTABLISHMENT.—The President shall— 
(A) create an information sharing environment for the sharing 
of terrorism information in a manner consistent with national se-
curity and with applicable legal standards relating to privacy and 
civil liberties; 
(B) designate the organizational and management structures 
that will be used to operate and manage the ISE; and 
(C) determine and enforce the policies, directives, and rules that 
will govern the content and usage of the ISE. 
(2) ATTRIBUTES.—The President shall, through the structures de-
scribed in subparagraphs (B) and (C) of paragraph (1), ensure that 
the ISE provides and facilitates the means for sharing terrorism infor-
mation among all appropriate Federal, State, local, and tribal entities, 
and the private sector through the use of policy guidelines and tech-
nologies. The President shall, to the greatest extent practicable, ensure 
that the ISE provides the functional equivalent of, or otherwise sup-
ports, a decentralized, distributed, and coordinated environment that— 
(A) connects existing systems, where appropriate, provides no 
single points of failure, and allows users to share information 
among agencies, between levels of government, and, as appro-
priate, with the private sector; 
(B) ensures direct and continuous online electronic access to in-
formation; 
(C) facilitates the availability of information in a form and man-
ner that facilitates its use in analysis, investigations, and oper-
ations; 
(D) builds upon existing systems capabilities currently in use 
across the Government; 
(E) employs an information access management approach that 
controls access to data rather than just systems and networks, 
without sacrificing security; 
(F) facilitates the sharing of information at and across all levels 
of security; 
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377 
(G) provides directory services, or the functional equivalent, for 
locating people and information; 
(H) incorporates protections for individuals’ privacy and civil 
liberties; 
(I) incorporates strong mechanisms to enhance accountability 
and facilitate oversight, including audits, authentication, and ac-
cess controls; 
(J) integrates the information within the scope of the informa-
tion sharing environment, including information in legacy tech-
nologies; 
(K) integrates technologies, including all legacy technologies, 
through Internet-based services, consistent with appropriate secu-
rity protocols and safeguards, to enable connectivity among re-
quired users at the Federal, State, and local levels; 
(L) allows the full range of analytic and operational activities 
without the need to centralize information within the scope of the 
information sharing environment; 
(M) permits analysts to collaborate both independently and in 
a group (commonly known as ‘‘collective and noncollective collabo-
ration’’), and across multiple levels of national security informa-
tion and controlled unclassified information; 
(N) provides a resolution process that enables changes by au-
thorized officials regarding rules and policies for the access, use, 
and retention of information within the scope of the information 
sharing environment; and 
(O) incorporates continuous, real-time, and immutable audit ca-
pabilities, to the maximum extent practicable. 
(c) GUIDELINES AND REQUIREMENTS.—The President shall— 
(1) leverage all ongoing efforts consistent with establishing the ISE 
and issue guidelines for acquiring, accessing, sharing, and using infor-
mation, including guidelines to ensure that information is provided in 
its most shareable form, such as by using tearlines to separate out data 
from the sources and methods by which the data are obtained; 
(2) in consultation with the Privacy and Civil Liberties Oversight 
Board established under section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), issue guidelines 
that— 
(A) protect privacy and civil liberties in the development and 
use of the ISE; and 
(B) shall be made public, unless nondisclosure is clearly nec-
essary to protect national security; and 
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(3) require the heads of Federal departments and agencies to pro-
mote a culture of information sharing by— 
(A) reducing disincentives to information sharing, including 
over-classification of information and unnecessary requirements 
for originator approval, consistent with applicable laws and regula-
tions; and 
(B) providing affirmative incentives for information sharing. 
(d) PROGRAM MANAGER.— 
(1) DESIGNATION.—The President shall designate an individual as 
the program manager responsible for information sharing across the 
Federal Government. The individual designated as the program man-
ager shall serve as program manager until removed from service or re-
placed by the President (at the President’s sole discretion). The pro-
gram manager, in consultation with the head of an affected department 
or agency, shall have and exercise government-wide authority over the 
sharing of information within the scope of the information sharing en-
vironment, including homeland security information, terrorism informa-
tion, and weapons of mass destruction information, by all Federal de-
partments, agencies, and components, irrespective of the Federal de-
partment, agency, or component in which the program manager may 
be administratively located, except as otherwise expressly provided by 
law. 
(2) DUTIES AND RESPONSIBILITIES.— 
(A) IN GENERAL.—The program manager shall, in consultation 
with the Information Sharing Council— 
(i) plan for and oversee the implementation of, and man-
age, the ISE; 
(ii) assist in the development of policies, as appropriate, to 
foster the development and proper operation of the ISE; 
(iii) consistent with the direction and policies issued by the 
President, the Director of National Intelligence, and the Di-
rector of the Office of Management and Budget, issue govern-
ment-wide procedures, guidelines, instructions, and functional 
standards, as appropriate, for the management, development, 
and proper operation of the ISE; 
(iv) identify and resolve information sharing disputes be-
tween Federal departments, agencies, and components; and 
(v) assist, monitor, and assess the implementation of the 
ISE by Federal departments and agencies to ensure adequate 
progress, technological consistency, and policy compliance; 
and regularly report the findings to Congress. 
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(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES, 
AND STANDARDS.—The policies, procedures, guidelines, rules, and 
standards under clauses (ii) and (iii) of subparagraph (A) shall— 
(i) take into account the varying missions and security re-
quirements of agencies participating in the ISE; 
(ii) address development, implementation, and oversight of 
technical standards and requirements; 
(iii) take into account ongoing and planned efforts that 
support development, implementation, and management of 
the ISE; 
(iv) address and facilitate information sharing between and 
among departments and agencies of the intelligence commu-
nity, the Department of Defense, the homeland security com-
munity, and the law enforcement community; 
(v) address and facilitate information sharing between Fed-
eral departments and agencies and State, tribal, and local 
governments; 
(vi) address and facilitate, as appropriate, information 
sharing between Federal departments and agencies and the 
private sector; 
(vii) address and facilitate, as appropriate, information 
sharing between Federal departments and agencies with for-
eign partners and allies; and 
(viii) ensure the protection of privacy and civil liberties. 
(e) INFORMATION SHARING COUNCIL.— 
(1) ESTABLISHMENT.—There is in the Department the Information 
Sharing Council that assists the President and the program manager 
in their duties under this section. The Information Sharing Council 
serves until removed from service or replaced by the President (at the 
sole discretion of the President) with a successor body. 
(2) SPECIFIC DUTIES.—In assisting the President and the program 
manager in their duties under this section, the Information Sharing 
Council shall— 
(A) advise the President and the program manager in devel-
oping policies, procedures, guidelines, roles, and standards nec-
essary to establish, implement, and maintain the ISE; 
(B) work to ensure coordination among the Federal depart-
ments and agencies participating in the ISE in the establishment, 
implementation, and maintenance of the ISE; 
(C) identify and, as appropriate, recommend the consolidation 
and elimination of current programs, systems, and processes used 
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