Homeland Security Information Sharing and Analysis Enhancement Act of 2004 - Amends the Homeland Security Act of 2002 to provide for the establishment of an interagency Homeland Security Information Requirements Board to oversee the process for establishing homeland security requirements and collection management for all terrorism-related and other homeland security information collected within the United States.
Includes among the responsibilities of the Department of Homeland Security's (DHS) Under Secretary for Information Analysis and Infrastructure Protection to: (1) ensure the simultaneous dissemination of data and information regarding communications and information technology infrastructure to appropriate personnel with maximum flexibility and speed; (2) coordinate the issuance of homeland security advisories and advice from other Federal agencies to State and local government, the private sector, other entities, and the public; and (3) administer a homeland security information network.
Authorizes the Secretary to provide DHS personnel access to threat and vulnerability information required to discharge their duties.
Directs the Secretary, where credible information indicates a potential terrorist threat that cannot be limited to one or more States, regions, critical infrastructure sectors, activities, or events, to use the Homeland Security Advisory System to inform the public of the threat, convey risk information, and provide specific unclassified warning information and advice about protective measures.
Limits the dissemination of threat information without the Secretary's prior approval.
Authorizes assignment of DHS personnel to the Terrorist Threat Integration Center.
[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>
Introduced in House
Introduced in House
Referred to the Committee on Intelligence (Permanent Select), and in addition to the Committees on Government Reform, and Homeland Security (Select), 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.
Referred to the Committee on Intelligence (Permanent Select), and in addition to the Committees on Government Reform, and Homeland Security (Select), 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.
Referred to the Committee on Intelligence (Permanent Select), and in addition to the Committees on Government Reform, and Homeland Security (Select), 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.
Referred to the Committee on Intelligence (Permanent Select), and in addition to the Committees on Government Reform, and Homeland Security (Select), 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.
Referred to the Subcommittee on Infrastructure and Border Security.
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