[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5002 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5002

 To amend the Homeland Security Act of 2002 to provide for information 
             sharing partnerships, and for other purposes.


_______________________________________________________________________


                    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 information 
             sharing partnerships, 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 Partnerships Act of 2006''.

SEC. 2. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION CENTER 
              INITIATIVE.

    (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. 203. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION 
              CENTER INITIATIVE.

    ``(a) Establishment.--The Secretary shall establish a State, Local, 
and Tribal Information Fusion Center Initiative to establish 
partnerships with State, local, tribal, and regional information fusion 
centers.
    ``(b) Duties.--Through the State, Local, Tribal, and Regional 
Information Fusion Center Initiative, the Secretary shall--
            ``(1) coordinate with the principal official of each State, 
        local, tribal, or regional information fusion center and the 
        official designated as the Homeland Security Advisor of the 
        State;
            ``(2) provide Department operational and intelligence 
        advice and assistance to State, local, tribal, and regional 
        information fusion centers;
            ``(3) support efforts to include State, local, tribal, and 
        regional information fusion centers into efforts to establish 
        an information sharing environment (as defined under section 
        1016(2) of the Intelligence Reform and Terrorism Prevention Act 
        of 2004 (Public Law 108-458; 118 Stat. 3665));
            ``(4) conduct table-top and live training exercises to 
        regularly assess the capability of individual and regional 
        networks of State, local, tribal, and regional information 
        fusion centers to integrate the efforts of such networks with 
        the efforts of the Department;
            ``(5) coordinate with other relevant Federal entities 
        engaged in homeland security-related activities;
            ``(6) provide analytic and reporting advice and assistance 
        to State, local, tribal, and regional information fusion 
        centers;
            ``(7) review homeland security information gathered by 
        State, local, tribal, and regional information fusion centers 
        and incorporate relevant information with homeland security 
        information of the Department;
            ``(8) Provide management assistance to State, local, 
        tribal, and regional information fusion centers;
            ``(9) Serve as a point of contact to ensure the 
        dissemination of relevant homeland security information.
            ``(10) facilitate close communication and coordination 
        between State, local, tribal, and regional information fusion 
        centers and the Department;
            ``(11) provide State, local, tribal, and regional 
        information fusion centers with expertise on Department 
        resources and operations;
            ``(12) provide training to State, local, tribal, and 
        regional information fusion centers and encourage such 
        information fusion centers to participate in terrorist threat-
        related exercises conducted by the Department; and
            ``(13) carry out such other duties as the Secretary 
        determines are appropriate.
    ``(c) Definition of State, Local, Tribal, or Regional Information 
Fusion Center.--For purposes of this section, the term `State, local, 
tribal, or regional information fusion center' means a local or 
regional center comprised of State, local, or tribal governmental 
entities that--
            ``(1) serves as a data analysis and dissemination center 
        for potentially relevant homeland security information;
            ``(2) is managed by a state, local, or tribal government 
        entity; and
            ``(3) is designated as a State, local, tribal, or regional 
        information fusion center by the Secretary.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such subtitle the following:

``Sec. 203. State, Local, Tribal, and Regional Information Fusion 
                            Center Initiative''.
    (c) Reports.--
            (1) Concept of operations.--Not later than 90 days after 
        the date of the enactment of this Act and before the State, 
        Local, Tribal, and Regional Information Fusion Center 
        Initiative under section 203 of the Homeland Security Act of 
        2002, as added by subsection (a), has been implemented, the 
        Secretary shall submit to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives a report that 
        contains a concept of operations for the Initiative, which 
        shall include a privacy and civil liberties impact assessment.
            (2) Privacy and civil liberties.--
                    (A) Review of concept of operations.--Not later 
                than 180 days after the date on which the report under 
                paragraph (1) is submitted, the Privacy Officer of the 
                Department of Homeland Security and the Officer for 
                Civil Rights and Civil Liberties of the Department of 
                Homeland Security shall review the privacy and civil 
                liberties implications of the Initiative and the 
                concept of operations and report any concerns to the 
                Secretary of Homeland Security and the Under Secretary 
                of Homeland Security for Intelligence and Analysis. The 
                Secretary may not implement the Initiative until the 
                Privacy Officer and the Officer for Civil Rights and 
                Civil Liberties have certified that any privacy or 
                civil liberties concerns have been addressed.
                    (B) Review of privacy impact.--Under the authority 
                of section 222(5) of the Homeland Security Act of 2002 
                (6 U.S.C. 142(5)), not later than one year after the 
                date on which the State, Local, Tribal, and Regional 
                Information Fusion Center Initiative is implemented, 
                the Privacy Officer of the Department of Homeland 
                Security, in consultation with the Officer for Civil 
                Rights and Civil Liberties of the Department of 
                Homeland Security, shall submit to Congress, the 
                Secretary of Homeland Security, and the Under Secretary 
                of Homeland Security for Intelligence and Analysis a 
                report on the privacy and civil liberties impact of the 
                Initiative.

SEC. 3. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

    (a) Establishment of Program.--Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by 
section 2 is further amended by adding at the end the following:

``SEC. 204. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary for Intelligence and Analysis, shall establish a 
        fellowship program in accordance with this section for the 
        purpose of--
                    ``(A) detailing State, local, and tribal analysts 
                and law enforcement officials and officers to the 
                Department to participate in the work of the Office of 
                Intelligence and Analysis in order to become familiar 
                with--
                            ``(i) the mission and capabilities of the 
                        Office of Intelligence and Analysis; and
                            ``(ii) the role, programs, products, and 
                        personnel of the Office of Intelligence and 
                        Analysis; and
                    ``(B) promoting information sharing between the 
                Department and State, local, and tribal analysts and 
                law enforcement agencies by stationing analysts and law 
                enforcement officers alongside Department intelligence 
                analysts in order to--
                            ``(i) serve as a point of contact in the 
                        Department to assist in the representation of 
                        State, local, and tribal homeland security 
                        information needs;
                            ``(ii) identify homeland security 
                        information of interest to State, local, and 
                        tribal analysts and law enforcement officers; 
                        and
                            ``(iii) assist Department analysts in 
                        preparing and disseminating terrorism-related 
                        products that are tailored to State, local, and 
                        tribal analysts and law enforcement agencies 
                        and designed to help thwart terrorist attacks.
            ``(2) Program name.--The program under this section shall 
        be known as the `Homeland Security Information Sharing Fellows 
        Program'.
    ``(b) Eligibility.--
            ``(1) In general.--In order to be eligible for selection as 
        an Information Sharing Fellow under the program, an individual 
        must--
                    ``(A) have homeland security-related 
                responsibilities or law enforcement-related 
                responsibilities;
                    ``(B) be eligible for an appropriate national 
                security clearance;
                    ``(C) possess a valid need for access to classified 
                information, as determined by the Under Secretary for 
                Intelligence and Analysis; and
                    ``(D) be an employee of an eligible entity.
            ``(2) Eligible entities.--For purposes of this subsection, 
        the term `eligible entity' means--
                    ``(A) a State, local, tribal, or regional fusion 
                center;
                    ``(B) a State or local law enforcement or other 
                government entity that serves a major metropolitan 
                area, as determined by the Secretary;
                    ``(C) a State or local law enforcement or other 
                government entity that serves a suburban or rural area, 
                as determined by the Secretary;
                    ``(D) a State or local law enforcement or other 
                government entity with port responsibilities, as 
                determined by the Secretary;
                    ``(E) a State or local law enforcement or other 
                government entity with border responsibilities, as 
                determined by the Secretary;
                    ``(F) a State or local law enforcement or other 
                government entity with agricultural responsibilities, 
                as determined by the Secretary;
                    ``(G) a tribal law enforcement or other authority; 
                or
                    ``(H) such other entity as the Secretary determines 
                is appropriate.
    ``(c) Optional Participation.--No State, local, or tribal law 
enforcement or other government entity shall be required to participate 
in the Homeland Security Information Sharing Fellows Program.
    ``(d) Procedures for Nomination and Selection.--
            ``(1) In general.--The Under Secretary shall establish 
        procedures to provide for the nomination and selection of 
        individuals to participate in the Homeland Security Information 
        Sharing Fellows Program.
            ``(2) Limitations.--The Under Secretary shall--
                    ``(A) select analysts and law enforcement officers 
                representing a broad cross-section of State, local, and 
                tribal agencies; and
                    ``(B) ensure that the number of Information Sharing 
                Fellows selected does not impede the activities of the 
                Office of Intelligence and Analysis.
    ``(e) Length of Service.--Information Sharing Fellows shall serve 
for a reasonable period of time, as determined by the Under Secretary. 
Such period of time shall be sufficient to advance the information-
sharing goals of the Under Secretary and encourage participation by as 
many qualified nominees as possible.
    ``(f) Condition.--As a condition of selecting an individual as an 
Information Sharing Fellow under the program, the Under Secretary shall 
require that the individual's employer agree to continue to pay the 
individual's salary and benefits during the period for which the 
individual is detailed.
    ``(g) Stipend.--During the period for which an individual is 
detailed under the program, the Under Secretary shall, subject to the 
availability of appropriations provide to the individual a stipend to 
cover the individual's reasonable living expenses for that period.
    ``(h) Security Clearances.--If an individual selected for a 
fellowship under the Information Sharing Fellows Program does not 
possess the appropriate security clearance, the Under Secretary shall 
ensure that security clearance processing is expedited for such 
individual and shall ensure that each such Information Sharing Fellow 
has obtained the appropriate security clearance prior to participation 
in the Program.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such subtitle the following:

``Sec. 204. Homeland Security Information Sharing Fellows Program''.
    (c) Reports.--
            (1) Concept of operations.--Not later than 90 days after 
        the date of the enactment of this Act and before the Homeland 
        Security Information Sharing Fellows Program under section 204 
        of the Homeland Security Act of 2002, as added by subsection 
        (a), has been implemented, the Secretary shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a report that contains a concept of operations 
        for the Program, which shall include a privacy and civil 
        liberties impact assessment.
            (2) Privacy and civil liberties.--
                    (A) Review of concept of operations.--Not later 
                than 180 days after the date on which the report under 
                paragraph (1) is submitted, the Privacy Officer of the 
                Department of Homeland Security and the Officer for 
                Civil Rights and Civil Liberties of the Department of 
                Homeland Security shall review the privacy and civil 
                liberties implications of the Program and the concept 
                of operations and report any concerns to the Secretary 
                of Homeland Security and the Under Secretary of 
                Homeland Security for Intelligence and Analysis. The 
                Secretary may not implement the Program until the 
                Privacy Officer and the Officer for Civil Rights and 
                Civil Liberties have certified that any privacy or 
                civil liberties concerns have been addressed.
                    (B) Review of privacy impact.--Under the authority 
                of section 222(5) of the Homeland Security Act of 2002 
                (6 U.S.C. 142(5)), not later than one year after the 
                date on which the Homeland Security Information Sharing 
                Fellows Program is implemented, the Privacy Officer of 
                the Department of Homeland Security, in consultation 
                with the Officer for Civil Rights and Civil Liberties 
                of the Department of Homeland Security, shall submit to 
                Congress, the Secretary of Homeland Security, and the 
                Under Secretary of Homeland Security for Intelligence 
                and Analysis a report on the privacy and civil 
                liberties impact of the Program.
                                 <all>