[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3815 Reported in Senate (RS)]
Calendar No. 1051
110th CONGRESS
2d Session
H. R. 3815
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2008
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
September 24 (legislative day, September 17), 2008
Reported by Mr. Lieberman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To amend the Homeland Security Act of 2002 to require the Secretary of
Homeland Security to make full and efficient use of open source
information to develop and disseminate open source homeland security
information products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Homeland Security Open
Source Information Enhancement Act of 2008''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (1) The Internet has profoundly expanded the
amount, significance, and accessibility of all types of
information, but the Department of Homeland Security has not
sufficiently expanded its use of such information to produce
analytical products.</DELETED>
<DELETED> (2) Open source products can be shared with
Federal, State, local, and tribal law enforcement, the American
public, the private sector, and foreign allies because of their
unclassified nature.</DELETED>
<DELETED> (3) The Department of Homeland Security is
responsible for providing open source products to consumers
consistent with existing Federal open source information
guidelines.</DELETED>
<DELETED>SEC. 3. FULL AND EFFICIENT USE OF OPEN SOURCE
INFORMATION.</DELETED>
<DELETED> (a) 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:</DELETED>
<DELETED>``SEC. 210F. FULL AND EFFICIENT USE OF OPEN SOURCE
INFORMATION.</DELETED>
<DELETED> ``(a) Responsibilities of Secretary.--The Secretary shall
establish an open source collection, analysis, and dissemination
program within the Department. This program shall make full and
efficient use of open source information to develop and disseminate
open source intelligence products.</DELETED>
<DELETED> ``(b) Open Source Products.--The Secretary shall ensure
that among the open source products that the Department generates,
there shall be a specific focus on open source products that--
</DELETED>
<DELETED> ``(1) analyze news and developments related to
foreign terrorist organizations including how the threat of
such organizations is relevant to homeland security;</DELETED>
<DELETED> ``(2) analyze the risks and vulnerabilities to the
Nation's critical infrastructure;</DELETED>
<DELETED> ``(3) analyze terrorist tactics and techniques to
include recommendations on how to identify patterns of
terrorist activity and behavior allowing State, local and
tribal first responders to allocate resources appropriately;
and</DELETED>
<DELETED> ``(4) utilize, as appropriate, computer-based
electronic visualization and animation tools that combine
imagery, sound, and written material into unclassified open
source intelligence products.</DELETED>
<DELETED> ``(c) Sharing Results of Analysis.--The Secretary shall
share the unclassified results of such analysis with appropriate
Federal, State, local, tribal, and private-sector officials.</DELETED>
<DELETED> ``(d) Protection of Privacy.--The Secretary shall ensure
that the manner in which open source information is gathered and
disseminated by the Department complies with the Constitution, section
552a of title 5, United States Code (popularly known as the Privacy Act
of 1974), provisions of law enacted by the E-Government Act of 2002
(Public Law 107-347), and all other relevant Federal laws.</DELETED>
<DELETED> ``(e) Inspector General Report.--The Inspector General of
the Department shall audit the use and dissemination of open source
information by the Department to evaluate the effectiveness of the
Department's activities and to ensure that it is consistent with the
procedures established by the Secretary or a designee of the Secretary
for the operation of the Department's open source program and with
Federal open source information and intelligence guidelines promulgated
by the Director of National Intelligence.</DELETED>
<DELETED> ``(f) Open Source Information Defined.--In this section
the term `open source information' means information that is publicly
available and that can be used and disseminated in a timely manner to
an appropriate audience for the purpose of addressing a specific
homeland requirement.</DELETED>
<DELETED> ``(g) Authorization of Appropriations.--There is
authorized to be appropriated for each of fiscal years 2009 through
2013 such sums as may be necessary to carry out this
section.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 210F. Full and efficient use of open source
information.''.
<DELETED>SEC. 4. PRIVACY AND CIVIL LIBERTIES IMPACT
ASSESSMENT.</DELETED>
<DELETED> Not later than 90 days after the date of the enactment of
this Act, the Privacy Officer and the Officer for Civil Rights and
Civil Liberties of the Department of Homeland Security, in consultation
with the Chief Privacy Officer and Civil Liberties Protection Officer
of the Office of the Director of National Intelligence, shall submit to
the Secretary of Homeland Security, the Director of National
Intelligence, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of the House
of Representatives, and the Privacy and Civil Liberties Oversight
Board, a privacy and civil liberties impact assessment of the
Department of Homeland Security's open source program, including
information on the collection, analysis, and dissemination of any
information on United States persons.</DELETED>
<DELETED>SEC. 5. OPEN SOURCE INFORMATION DEFINED.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Open Source
Information Enhancement Act of 2008''.
SEC. 2. FULL AND EFFICIENT USE OF OPEN SOURCE INFORMATION.
(a) 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. 210F. FULL AND EFFICIENT USE OF OPEN SOURCE INFORMATION.
``(a) Definition of Open Source Information.--In this section, the
term `open source information' means publicly available information
that can be lawfully obtained by a member of the public by request,
purchase, or observation.
``(b) Responsibilities of Secretary.--In coordination with the
Assistant Deputy Director of National Intelligence for Open Source and
the Director of National Intelligence, the Secretary shall establish an
open source collection, analysis, and dissemination program within the
Office of Intelligence and Analysis. The program shall make full and
efficient use of open source information to develop and disseminate
open source alerts, warnings, and other intelligence products relating
to the mission of the Department.
``(c) Intelligence Analysis.--The Secretary shall ensure that the
Department makes full and efficient use of open source information in
carrying out paragraphs (1) and (2) of section 201(d).
``(d) Dissemination.--The Secretary shall make open source
information of the Department available to appropriate officers of the
Federal Government, State, local, and tribal governments, and private-
sector entities, using systems and networks for the dissemination of
homeland security information.
``(e) Protection of Privacy.--
``(1) Compliance with other laws.--The Secretary shall
ensure that the manner in which open source information is
gathered and disseminated by the Department complies with
section 552a of title 5, United States Code (commonly referred
to as the Privacy Act of 1974), provisions 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 Officer of the Department shall
include in the annual report submitted to Congress under
section 222 an assessment of compliance by Federal departments
and agencies with the laws described in paragraph (1), as they
relate to the use of open source information.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. et seq.) is
amended by inserting after the item relating to section 210E the
following:
``Sec. 210F. Full and efficient use of open source information.''.
Calendar No. 1051
110th CONGRESS
2d Session
H. R. 3815
_______________________________________________________________________
AN ACT
To amend the Homeland Security Act of 2002 to require the Secretary of
Homeland Security to make full and efficient use of open source
information to develop and disseminate open source homeland security
information products, and for other purposes.
_______________________________________________________________________
September 24 (legislative day, September 17), 2008
Reported with an amendment