[国会纪录：2008年7月29日（房屋）] [页首H7189-H7191] 2008年HARMAN女士的国土安全开源信息增强法。Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3815) 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, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 3815 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 Open Source Information Enhancement Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (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. (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. (3) The Department of Homeland Security is responsible for providing open source products to consumers consistent with existing Federal open source information guidelines. SEC. 3. 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) 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. ``(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-- ``(1) analyze news and developments related to foreign terrorist organizations including how the threat of such organizations is relevant to homeland security; ``(2) analyze the risks and vulnerabilities to the Nation's critical infrastructure; ``(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 ``(4) utilize, as appropriate, computer-based electronic visualization and animation tools that combine imagery, sound, and written material into unclassified open source intelligence products. [[Page H7190]] ``(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. ``(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. ``(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. ``(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. ``(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.''. (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: ``Sec. 210F. Full and efficient use of open source information.''. SEC. 4. PRIVACY AND CIVIL LIBERTIES IMPACT ASSESSMENT. 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. SEC. 5. OPEN SOURCE INFORMATION DEFINED. 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. The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from California (Ms. Harman) and the gentleman from Florida (Mr. Bilirakis) will each control 20 minutes. The Chair recognizes the gentlewoman from California. General Leave Ms. HARMAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from California? There was no objection. Ms. HARMAN. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 3815, the Homeland Security Open Source Enhancement Act of 2008, introduced last year by our subcommittee member, Ed Perlmutter, who is, by my lights, though a freshman member, an enormously talented contributor to the work of our subcommittee. {time} 1330 Regrettably, he couldn't be here for this debate this afternoon. This is an important piece of legislation that will go a long way towards ensuring that the Department offers critical intelligence products that matter to its State, local and tribal partners. Mr. Speaker, the Federal Government has, at its disposal, nearly limitless amounts of unclassified, open source information and can share it with key stakeholders, regardless of whether those partners have security clearances. This is crucial because the next attack in the U.S. will not be stopped, as I mentioned earlier, by a bureaucrat in Washington, D.C., it will be the cop on the beat who is familiar with the rhythms and nuances of his or her neighborhood who will find out about that attack. An observant police officer somewhere in America will see something or someone out of place and, guided by timely, accurate and actionable and unclassified, open source information, will connect the dots that will unravel that new potential terrorist plot. The Department, and specifically its Office of Intelligence and Analysis, has pursued a variety of missions without a clear focus. Open source is a case in point. The Department's open source efforts have lagged far behind the rest of the Federal Government. While the DNI and the CIA have both established programs in this area, DHS, the lead Federal agency responsible for sharing terrorism threat and vulnerability information with State and local law enforcement, has yet to articulate a vision for how it will collect, analyze and disseminate it to stakeholders. This legislation directs the Department to jump start its open source program and protect the privacy, civil rights and civil liberties of all Americans in the process. It will help DHS fill a critical gap in information sharing, and, hopefully, provide its primary customers with timely and actionable information. Mr. Speaker, I urge passage of this important legislation and reserve the balance of my time. Mr. BILIRAKIS. Mr. Speaker, I yield myself as much time as I may consume. I rise today in support of H.R. 3815, the Homeland Security Open Source Information Enhancement Act, sponsored by my committee colleague, Representative Ed Perlmutter, who is a great Member, by the way. H.R. 3815 will require the Secretary to establish an open source collection analysis and dissemination program within the Department of Homeland Security. This program would help facilitate information- sharing between the Federal Government and State, local and private sector officials to take advantage of the vast amount of information that is publicly available through open sources. Importantly, the bill would require the Secretary to protect the privacy rights of individuals, including by conducting a private impact statement on the Department's open source program. H.R. 3815 also requires the Inspector General to audit the use and dissemination of open source information to evaluate the effectiveness of the Department's activities in this area and its consistency with the open source policies of the Director of National Intelligence. Mr. Speaker, I believe the Department of Homeland Security should take full advantage of open source information and ensure its proper dissemination to appropriate entities to maximize our homeland security. I encourage our colleagues to help move the Department closer toward that goal by supporting H.R. 3815. I reserve the balance of my time. Ms. HARMAN. Mr. Speaker, we have no further speakers, and I am prepared to close once the minority has closed. Mr. BILIRAKIS. Mr. Speaker, I just urge everyone to support this bill. Again, it is a very good bill. I yield back. Ms. HARMAN. Mr. Speaker, I yield myself as much time as I may consume, and I am prepared to close debate. Mr. Speaker, I am thinking back to those years on the Intelligence Committee, when I would leave classified briefings dissatisfied with the amount of information I was receiving. I would then go out and read my local newspaper or maybe an article that I had saved for airplane reading, and realize that in open sources there was a huge amount of information directly relevant to the problem that had not been organized in a way that I could quickly access it, and that in fact was probably more useful than the classified briefings I received. This happened not one time, not five times, but often. So the point of Mr. Perlmutter's excellent legislation is to help the Department of Homeland Security, which has primary responsibility for the security of our homeland, make public source information available to those who need it to keep us safe. And those would be our first preventers, police and firefighters in our neighborhoods, and the general public. It sounds obvious, but it doesn't happen. And I appreciate the support of Mr. Bilirakis and the unanimous support of the members of the committee. Again, I want to commend the bill's principal author, Mr. Perlmutter, for offering this legislation. [[Page H7191]] I ask for an ``aye'' vote on the bill and yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from California (Ms. Harman) that the House suspend the rules and pass the bill, H.R. 3815, as amended. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Mr. BILIRAKIS. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the Chair's prior announcement, further proceedings on this motion will be postponed. The point of no quorum is considered withdrawn. ____________________ [Congressional Record: July 30, 2008 (House)] [Page H7596] HOMELAND SECURITY OPEN SOURCE INFORMATION ENHANCEMENT ACT OF 2008 The SPEAKER pro tempore. The unfinished business is the question on suspending the rules and passing the bill, H.R. 3815, as amended. The Clerk read the title of the bill. The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from California (Ms. Harman) that the House suspend the rules and pass the bill, H.R. 3815, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________