[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2397 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 665
115th CONGRESS
  2d Session
                                S. 2397

                          [Report No. 115-380]

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2018

  Ms. Hassan introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                           November 26, 2018

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   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.

    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 ``Department of Homeland 
Security Data Framework Act of 2018''.</DELETED>

<DELETED>SEC. 2. DEPARTMENT OF HOMELAND SECURITY DATA 
              FRAMEWORK.</DELETED>

<DELETED>    (a) In General.--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. In 
developing such framework, the Secretary shall ensure, in accordance 
with all applicable statutory and regulatory requirements, the 
following information is included:</DELETED>
        <DELETED>    (1) All information acquired, held, or obtained by 
        an office or component of the Department that falls within the 
        scope of the information sharing environment, including 
        homeland security information, terrorism information, weapons 
        of mass destruction information, and national 
        intelligence.</DELETED>
        <DELETED>    (2) Any information or intelligence relevant to 
        priority mission needs and capability requirements of the 
        homeland security enterprise, as determined appropriate by the 
        Secretary.</DELETED>
<DELETED>    (b) Data Framework Access.--</DELETED>
        <DELETED>    (1) 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--</DELETED>
                <DELETED>    (A) have an appropriate security 
                clearance;</DELETED>
                <DELETED>    (B) are assigned to perform a function 
                that requires access to information in such framework; 
                and</DELETED>
                <DELETED>    (C) are trained in applicable standards 
                for safeguarding and using such information.</DELETED>
        <DELETED>    (2) Guidance.--The Secretary of Homeland Security 
        shall--</DELETED>
                <DELETED>    (A) issue guidance for Department of 
                Homeland Security employees authorized to access and 
                contribute to the data framework pursuant to paragraph 
                (1); and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) 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 under this 
        section in a machine-readable format, to the greatest extent 
        practicable.</DELETED>
<DELETED>    (c) Exclusion of Information.--The Secretary of Homeland 
Security may exclude from the data framework information that the 
Secretary determines access to or the confirmation of the existence of 
could--</DELETED>
        <DELETED>    (1) jeopardize the protection of sources, methods, 
        or activities;</DELETED>
        <DELETED>    (2) compromise a criminal or national security 
        investigation;</DELETED>
        <DELETED>    (3) be inconsistent with the other Federal laws or 
        regulations; or</DELETED>
        <DELETED>    (4) be duplicative or not serve an operational 
        purpose if included in such framework.</DELETED>
<DELETED>    (d) Safeguards.--The Secretary of Homeland Security shall 
incorporate into the data framework systems capabilities for auditing 
and ensuring the security of information included in such framework. 
Such capabilities shall include the following:</DELETED>
        <DELETED>    (1) Mechanisms for identifying insider 
        threats.</DELETED>
        <DELETED>    (2) Mechanisms for identifying security 
        risks.</DELETED>
        <DELETED>    (3) Safeguards for privacy, civil rights, and 
        civil liberties.</DELETED>
<DELETED>    (e) Deadline for Implementation.--Not later than 2 years 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall ensure the data framework required under this section 
has the ability to include the information described in subsection 
(a).</DELETED>
<DELETED>    (f) Notice to Congress.--</DELETED>
        <DELETED>    (1) Status updates.--The Secretary of Homeland 
        Security shall submit to the appropriate congressional 
        committees regular updates on the status of the data framework 
        required under this section until the date on which such data 
        framework is fully operational.</DELETED>
        <DELETED>    (2) 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 of such.</DELETED>
<DELETED>    (g) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' has the meaning given 
        the term in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101).</DELETED>
        <DELETED>    (2) National intelligence.--The term ``national 
        intelligence'' has the meaning given the term in section 3(5) 
        of the National Security Act of 1947 (50 U.S.C. 
        3003(5)).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security Data 
Framework Act of 2018''.

SEC. 2. 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) 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--
                    (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) 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) 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) 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) 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:
            (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).
                                                       Calendar No. 665

115th CONGRESS

  2d Session

                                S. 2397

                          [Report No. 115-380]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                           November 26, 2018

                       Reported with an amendment