[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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