Department of Homeland Security Data Framework Act of 2018
(Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) develop a data framework to integrate existing DHS datasets and systems for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties protections; (2) ensure that all information of a DHS office or component that falls within the scope of the information sharing environment, and any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, is included; and (3) ensure that the framework is accessible to DHS employees who have an appropriate security clearance, who are assigned to perform a function that requires access, and who are trained in applicable standards for safeguarding and using such information.
DHS shall: (1) issue guidance for DHS employees authorized to access and contribute to the framework that enforces a duty to share between DHS offices and components for mission needs; and (2) promulgate data standards and instruct DHS components to make available information through the framework in a machine-readable standard format.
DHS may exclude information that may:
DHS shall incorporate into such framework systems capabilities for auditing and ensuring the security of information. Such capabilities shall include: (1) mechanisms for identifying insider threats and security risks; and (2) safeguards for privacy, civil rights, and civil liberties.
DHS shall ensure that, by two years after this bill's enactment, the framework has the ability to include appropriate information in existence within DHS to meet its critical mission operations.
DHS shall: (1) submit to Congress regular updates on the status of the data framework until it is fully operational, and (2) annually brief Congress on component use of such framework to support operations that disrupt terrorist activities and incidents in the homeland.
[115th Congress Public Law 331]
[From the U.S. Government Publishing Office]
[[Page 4483]]
DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK ACT OF 2018
[[Page 132 STAT. 4484]]
Public Law 115-331
115th Congress
An Act
To direct the Secretary of Homeland Security to establish a data
framework to provide access for appropriate personnel to law enforcement
and other information of the Department, and for other
purposes. <<NOTE: Dec. 19, 2018 - [H.R. 2454]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Homeland Security Data Framework Act of 2018. 6 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security Data
Framework Act of 2018''.
SEC. 2. <<NOTE: 6 USC 126.>> DEPARTMENT OF HOMELAND SECURITY DATA
FRAMEWORK.
(a) In General.--
(1) Development.--The Secretary of Homeland Security shall
develop a data framework to integrate existing Department of
Homeland Security datasets and systems, as appropriate, for
access by authorized personnel in a manner consistent with
relevant legal authorities and privacy, civil rights, and civil
liberties policies and protections.
(2) Requirements.--In developing the framework required
under paragraph (1), the Secretary of Homeland Security shall
ensure, in accordance with all applicable statutory and
regulatory requirements, the following information is included:
(A) All information acquired, held, or obtained by
an office or component of the Department of Homeland
Security that falls within the scope of the information
sharing environment, including homeland security
information, terrorism information, weapons of mass
destruction information, and national intelligence.
(B) Any information or intelligence relevant to
priority mission needs and capability requirements of
the homeland security enterprise, as determined
appropriate by the Secretary.
(b) Data Framework Access.--
(1) <<NOTE: Determination.>> In general.--The Secretary of
Homeland Security shall ensure that the data framework required
under this section is accessible to employees of the Department
of Homeland Security who the Secretary determines--
(A) have an appropriate security clearance;
(B) are assigned to perform a function that requires
access to information in such framework; and
(C) are trained in applicable standards for
safeguarding and using such information.
(2) Guidance.--The Secretary of Homeland Security shall--
[[Page 132 STAT. 4485]]
(A) issue guidance for Department of Homeland
Security employees authorized to access and contribute
to the data framework pursuant to paragraph (1); and
(B) ensure that such guidance enforces a duty to
share between offices and components of the Department
when accessing or contributing to such framework for
mission needs.
(3) <<NOTE: Standards.>> Efficiency.--The Secretary of
Homeland Security shall promulgate data standards and instruct
components of the Department of Homeland Security to make
available information through the data framework required under
this section in a machine-readable standard format, to the
greatest extent practicable.
(c) <<NOTE: Determination.>> Exclusion of Information.--The
Secretary of Homeland Security may exclude information from the data
framework required under this section if the Secretary determines
inclusion of such information may--
(1) jeopardize the protection of sources, methods, or
activities;
(2) compromise a criminal or national security
investigation;
(3) be inconsistent with other Federal laws or regulations;
or
(4) be duplicative or not serve an operational purpose if
included in such framework.
(d) Safeguards.--The Secretary of Homeland Security shall
incorporate into the data framework required under this section systems
capabilities for auditing and ensuring the security of information
included in such framework. Such capabilities shall include the
following:
(1) Mechanisms for identifying insider threats.
(2) Mechanisms for identifying security risks.
(3) Safeguards for privacy, civil rights, and civil
liberties.
(e) Deadline for Implementation.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Homeland Security shall
ensure the data framework required under this section has the ability to
include appropriate information in existence within the Department of
Homeland Security to meet the critical mission operations of the
Department of Homeland Security.
(f) Notice to Congress.--
(1) Status updates.--The Secretary of Homeland Security
shall submit to the appropriate congressional committees regular
updates on the status of the data framework until the framework
is fully operational.
(2) <<NOTE: Deadline.>> Operational notification.--Not
later than 60 days after the date on which the data framework
required under this section is fully operational, the Secretary
of Homeland Security shall provide notice to the appropriate
congressional committees that the data framework is fully
operational.
(3) <<NOTE: Briefing.>> Value added.--The Secretary of
Homeland Security shall annually brief Congress on component use
of the data framework required under this section to support
operations that disrupt terrorist activities and incidents in
the homeland.
(g) Definitions.--In this section:
[[Page 132 STAT. 4486]]
(1) Appropriate congressional committee; homeland.--The
terms ``appropriate congressional committee'' and ``homeland''
have the meaning given those terms in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(2) Homeland security information.--The term ``homeland
security information'' has the meaning given such term in
section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482).
(3) National intelligence.--The term ``national
intelligence'' has the meaning given such term in section 3(5)
of the National Security Act of 1947 (50 U.S.C. 3003(5)).
(4) Terrorism information.--The term ``terrorism
information'' has the meaning given such term in section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485).
Approved December 19, 2018.
LEGISLATIVE HISTORY--H.R. 2454 (S. 2397):
---------------------------------------------------------------------------
SENATE REPORTS: No. 115-380 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 2397.
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Sept. 12, considered and passed
House.
Vol. 164 (2018):
Dec. 6, considered and passed
Senate, amended.
Dec. 12, House concurred in Senate
amendment.
<all>
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S7371)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Mr. Hurd moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H10129-10130)
DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 2454.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Hurd objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was considered as withdrawn.
Enacted as Public Law 115-331
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Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(consideration: CR H10152; text as House agreed to Senate amendment: CR H10129)
On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (consideration: CR H10152; text as House agreed to Senate amendment: CR H10129)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 115-331.
Became Public Law No: 115-331.