6 U.S.C. § 485: Information sharing

The term “homeland security information” has the meaning given that term in section 482(f) of this title . The term “Information Sharing Council” means the Information Systems Council established by Executive Order 13356, or any successor body designated by the President, and referred to under subsection (g). The terms “information sharing environment” and “ISE” mean an approach that facilitates the sharing of terrorism and homeland security information, which may include any method determined necessary and appropriate for carrying out this section. The term “program manager” means the program manager designated under subsection (f). the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism; threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations; communications of or by such groups or individuals; or groups or individuals reasonably believed to be assisting or associated with such groups or individuals; and includes weapons of mass destruction information. The term “weapons of mass destruction information” means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction (including a chemical, biological, radiological, or nuclear weapon) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States. create an information sharing environment for the sharing of terrorism information in a manner consistent with national security and with applicable legal standards relating to privacy and civil liberties; designate the organizational and management structures that will be used to operate and manage the ISE; and determine and enforce the policies, directives, and rules that will govern the content and usage of the ISE. connects existing systems, where appropriate, provides no single points of failure, and allows users to share information among agencies, between levels of government, and, as appropriate, with the private sector; ensures direct and continuous online electronic access to information; facilitates the availability of information in a form and manner that facilitates its use in analysis, investigations and operations; builds upon existing systems capabilities currently in use across the Government; employs an information access management approach that controls access to data rather than just systems and networks, without sacrificing security; facilitates the sharing of information at and across all levels of security; provides directory services, or the functional equivalent, for locating people and information; incorporates protections for individuals’ privacy and civil liberties; incorporates strong mechanisms to enhance accountability and facilitate oversight, including audits, authentication, and access controls; integrates the information within the scope of the information sharing environment, including any such information in legacy technologies; integrates technologies, including all legacy technologies, through Internet-based services, consistent with appropriate security protocols and safeguards, to enable connectivity among required users at the Federal, State, and local levels; allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment; permits analysts to collaborate both independently and in a group (commonly known as “collective and noncollective collaboration”), and across multiple levels of national security information and controlled unclassified information; provides a resolution process that enables changes by authorized officials regarding rules and policies for the access, use, and retention of information within the scope of the information sharing environment; and incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable. Subject to subparagraph (B), the President may delegate responsibility for carrying out this subsection. The President may not delegate responsibility for carrying out this subsection to the Director of National Intelligence. submit to the President and Congress a description of the technological, legal, and policy issues presented by the creation of the ISE, and the way in which these issues will be addressed; establish an initial capability to provide electronic directory services, or the functional equivalent, to assist in locating in the Federal Government intelligence and terrorism information and people with relevant knowledge about intelligence and terrorism information; and conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing information. leverage all ongoing efforts consistent with establishing the ISE and issue guidelines for acquiring, accessing, sharing, and using information, including guidelines to ensure that information is provided in its most shareable form, such as by using tearlines to separate out data from the sources and methods by which the data are obtained; protect privacy and civil liberties in the development and use of the ISE; and shall be made public, unless nondisclosure is clearly necessary to protect national security; and reducing disincentives to information sharing, including over-classification of information and unnecessary requirements for originator approval, consistent with applicable laws and regulations; and providing affirmative incentives for information sharing. A description of the functions, capabilities, resources, and conceptual design of the ISE, including standards. A description of the impact on enterprise architectures of participating agencies. A budget estimate that identifies the incremental costs associated with designing, testing, integrating, deploying, and operating the ISE. A project plan for designing, testing, integrating, deploying, and operating the ISE. The policies and directives referred to in subsection (b)(1)(C), as well as the metrics and enforcement mechanisms that will be utilized. Objective, systemwide performance measures to enable the assessment of progress toward achieving the full implementation of the ISE. A description of the training requirements needed to ensure that the ISE will be adequately implemented and properly utilized. A description of the means by which privacy and civil liberties will be protected in the design and operation of the ISE. The recommendations of the program manager, in consultation with the Information Sharing Council, regarding whether, and under what conditions, the ISE should be expanded to include other intelligence information. the authority of the Director of National Intelligence under this title, 1 and the amendments made by this title, 1 See References in Text note below. 1 to set standards for information sharing throughout the intelligence community; and the authority of the Secretary of Homeland Security and the Attorney General, and the role of the Department of Homeland Security and the Department of Justice, in coordinating with State, local, and tribal officials and the private sector. The recommendations of the program manager, in consultation with the Information Sharing Council, for a future management structure for the ISE, including whether the position of program manager should continue to remain in existence. Not later than 120 days after December 17, 2004 , with notification to Congress, the President shall designate an individual as the program manager responsible for information sharing across the Federal Government. Beginning on December 20, 2019 , each individual designated as the program manager shall be appointed by the Director of National Intelligence. The program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located, except as otherwise expressly provided by law. plan for and oversee the implementation of, and manage, the ISE; assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE; consistent with the direction and policies issued by the President, the Director of National Intelligence, and the Director of the Office of Management and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE; identify and resolve information sharing disputes between Federal departments, agencies, and components; and assist, monitor, and assess the implementation of the ISE by Federal departments and agencies to ensure adequate progress, technological consistency and policy compliance; and regularly report the findings to Congress. take into account the varying missions and security requirements of agencies participating in the ISE; address development, implementation, and oversight of technical standards and requirements; take into account ongoing and planned efforts that support development, implementation and management of the ISE; address and facilitate information sharing between and among departments and agencies of the intelligence community, the Department of Defense, the homeland security community and the law enforcement community; address and facilitate information sharing between Federal departments and agencies and State, tribal, and local governments; address and facilitate, as appropriate, information sharing between Federal departments and agencies and the private sector; address and facilitate, as appropriate, information sharing between Federal departments and agencies with foreign partners and allies; and ensure the protection of privacy and civil liberties. There is established an Information Sharing Council that shall assist the President and the program manager in their duties under this section. The Information Sharing Council shall serve until removed from service or replaced by the President (at the sole discretion of the President) with a successor body. advise the President and the program manager in developing policies, procedures, guidelines, roles, 2 and standards necessary to establish, implement, and maintain the ISE; 2 So in original. Probably should be “rules,”. work to ensure coordination among the Federal departments and agencies participating in the ISE in the establishment, implementation, and maintenance of the ISE; identify and, as appropriate, recommend the consolidation and elimination of current programs, systems, and processes used by Federal departments and agencies to share information, and recommend, as appropriate, the redirection of existing resources to support the ISE; identify gaps, if any, between existing technologies, programs and systems used by Federal departments and agencies to share information and the parameters of the proposed information sharing environment; recommend solutions to address any gaps identified under subparagraph (D); recommend means by which the ISE can be extended to allow interchange of information between Federal departments and agencies and appropriate authorities of State and local governments; assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components; identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and recommend whether or not, and by which means, the ISE should be expanded so as to allow future expansion encompassing other relevant categories of information. In performing its duties, the Information Sharing Council shall consider input from persons and entities outside the Federal Government having significant experience and expertise in policy, technical matters, and operational matters relating to the ISE. The Information Sharing Council (including any subsidiary group of the Information Sharing Council) shall not be subject to the requirements of chapter 10 of title 5. Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H). ensure full department or agency compliance with information sharing policies, procedures, guidelines, rules, and standards established under subsections (b) and (f); ensure the provision of adequate resources for systems and activities supporting operation of and participation in the ISE; ensure full department or agency cooperation in the development of the ISE to implement governmentwide information sharing; and submit, at the request of the President or the program manager, any reports on the implementation of the requirements of the ISE within such department or agency. specifically exempted categories of information from such elimination; and reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and continuing to use Federal agency standards in effect on August 3, 2007 , for the collection, sharing, and access to information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, relating to citizens and lawful permanent residents; replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, for a particular purpose that the Federal Government, through an appropriate process established in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42 , has determined to be lawfully permissible for a particular agency, component, or employee (commonly known as an “authorized use” standard); and the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; and such use is consistent with any mission of that department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or exchange of personally identifiable information. In this subsection, the term “anonymized data” means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology. implementing the requirements under subsection (b)(2); and any additional implementation initiatives to enhance and expedite the creation of the information sharing environment; and identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv). There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.